19 Leninskaya sloboda str.,
Moscow, 115280, Russia
mon - fri 9:00 — 19:00

Defense in the Intellectual Property Court

Until recently, patent disputes were considered in courts of general jurisdiction and arbitration courts. However, the Intellectual Property Court being a judicial organ of narrow specialization, which is authorized to consider cases on protection of intellectual property rights, started working in 2013. First of all, it is connected with the fact that recently the number of complex patent disputes has increased, and the creation of a separate judicial organ is aimed at taking some burden from the whole judicial system.

Competence of the intellectual property court:

  • Consideration of appeals against Rospatent's decision to grant, or refuse grant of, patents;
  • Consideration of patent disputes between holders of rights to intellectual property objects, e.g., disputes on recognition of a patent as invalid, on establishment of authorship, etc.;

It is to be noted that an applicant may challenge a Rospatent's decision in the Intellectual Property Court only after the stage of administrative appeal is completed. i.e. only after his/her appeal is considered in the Chamber for Patent Disputes.
The Intellectual Property Court has no an appeals instance, cassations are considered by the IPC Presidium, and supervisory proceedings are held in the Supreme Court of Arbitration of Russia.

Our Patent Bureau is ready to provide skilled assistance in drafting appeals and statements for filing with the Intellectual Property Court, forming a legal position and an evidence base, carrying out patent examination and preparing any necessary documents. Our specialists also have extensive experiences of successful representation in the IPC in patent disputes of various types.