Comparative Guides
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Results: 4 Answers
Patents
4.
Validity/post-grant review and/or opposition procedures
4.1
Where can the validity of an issued patent be challenged?
 
Russian Federation
Depending on the grounds, patent validity can be challenged before Rospatent or in court.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.2
How can the validity of an issued patent be challenged?
 
Russian Federation
The validity of a patent can be challenged before Rospatent or in court (see question 4.3).

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.3
What are the grounds to invalidate an issued patent?
 
Russian Federation
The validity of an issued patent can be challenged before Rospatent on the following grounds:

  • The invention does not comply with the patentability requirements;
  • The application documents presented on the filing date did not comply with the disclosure requirement;
  • The claims in the patent contain features which were not disclosed in the application documents submitted on the filing date; or
  • The patent was granted while several applications with the same priority date were pending, in breach of the conditions envisaged by the law.

The validity of an issued patent can be challenged in court on the grounds that it was granted:

  • to an applicant which did not have standing to register the patent; or
  • with incorrect indication of the inventor(s).
For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.4
What is the evidentiary standard to invalidate an issued patent?
 
Russian Federation
The party submitting the appeal must demonstrate that there are valid grounds for invalidation of the patent.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.5
What post-grant review or opposition procedures are available for third parties to challenge the validity of a patent?
 
Russian Federation
Post-grant review and opposition procedures other than those described in questions 4.1 to 4.3 are not available.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.6
Who can oppose a granted patent?
 
Russian Federation
Not applicable.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.7
What are the timing requirements for filing an opposition or post-grant review petition?
 
Russian Federation
Not applicable.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.8
What are the grounds to file an opposition?
 
Russian Federation
Not applicable.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.9
What are the possible outcomes when an opposition is filed?
 
Russian Federation
Not applicable.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.10
What legal standards will the tribunal apply to resolve the opposition or challenge, and which party bears the burden of proof?
 
Russian Federation
Not applicable.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
4.11
Can a post-grant review decision be appealed and what are the grounds to appeal?
 
Russian Federation
Rospatent’s decision on an invalidation appeal may be further appealed to the IP Court.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners