Answer ... The patent holder has the exclusive right to use the patented invention and to prevent unauthorised third parties from:
making, using, offering for sale, selling, importing or otherwise commercialising:
- the product in which the invention is used;
- a product manufactured using the patented process;
- a device in whose operation the patented process is automatically involved; or
- a product used in accordance with the purpose indicated in the set of claims, where the invention involves the use of a product for a specific purpose; or
- using a patented process.
The patent holder may dispose of its exclusive right by way of licence, assignment or pledge.
Answer ... In case of patent infringement, the patent holder can initiate administrative, civil or criminal proceedings. In the case of administrative proceedings, the patent holder shall lodge a complaint with the police. The police officers shall draw up an infringement report and initiate an administrative court action. The police may also initiate an administrative court action on their own initiative if they discover infringement. The plaintiff in the administrative court action is the police.
The patent holder may also initiate an administrative case before the Federal Anti-monopoly Service, which considers the case itself. Its decision may be appealed in court.
The patent holder may further initiate a civil court action, in which it will be the plaintiff.
If a criminal action must be initiated, the patent holder shall lodge a complaint with the police, which will initiate criminal proceedings in court. However, the courts will hear a criminal case only if the damage suffered by the patent holder is considerable. The amount of suffered will be evaluated by the court; if the court decides that this is not significant, it will not hear the case.
In all civil or administrative infringement actions, the courts of first and appeal instance are the local courts, whose judgments may be appealed to the IP Court. Criminal cases are considered within the structure of common courts (first instance, appeal, cassation).
If the patent holder is a physical person, any case will be considered by the common court.
Answer ... The patent term is 20 years from the date of filing the application, subject to the payment of annual fees. If the patent became invalid due to non-payment of annual fees, it may be reinstated upon the request of the owner within three years of the expiration of the last paid year.
The term of a patent relating to pharmaceuticals, pesticides or agricultural chemicals which by law require special approval for use may be extended by a period of up to five years, counting from the application filing date to the date of obtaining the first authorisation.