Russian Federation
Answer ... Depending on the grounds, patent validity can be challenged before Rospatent or in court.
Russian Federation
Answer ... The validity of a patent can be challenged before Rospatent or in court (see question 4.3).
Russian Federation
Answer ... 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).
Russian Federation
Answer ... The party submitting the appeal must demonstrate that there are valid grounds for invalidation of the patent.
Russian Federation
Answer ... Post-grant review and opposition procedures other than those described in questions 4.1 to 4.3 are not available.
Russian Federation
Answer ... Not applicable.
Russian Federation
Answer ... Not applicable.
Russian Federation
Answer ... Not applicable.
Russian Federation
Answer ... Not applicable.
Russian Federation
Answer ... Not applicable.
Russian Federation
Answer ... Rospatent’s decision on an invalidation appeal may be further appealed to the IP Court.
