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Protection of patent rights

The methods provided for in the legislation may be used for protecting one's patent. A method of protecting is determined by an amount of damages caused to the patent holder and the type of offence.

Registration of a patent as a preventive measure of protection

The best protection against infringements of patent rights surely is the preventive method, namely, the state registration of a patent for innovation. The patent secures the exclusive rights to a patent holder and ensures their legal protection against illegal use by third parties.

Administrative protection of patent rights

A certain issues relating to protection of patent rights are administratively solved by the registering authority – Rospatent – and its special structural unit – the Chamber for Patent Disputes.

In particular, the following may be disputed in the administrative manner:

  • decisions to refuse grant of a patent,
  • decisions to grant the patent protection for objects infringing the patent rights of patent holders who have registered similar intellectual property objects.

In a case where a fact of unfair competition or use of a patented object for manufacturing a product by an infringer, the affected person should file a request to the Federal Antimonopoly Service. If the fact of unfair competition is confirmed, the FAS will impose a fine on the infringer under the administrative procedure and issue an order demanding that the illegal actions should be stopped. 

Civil protection of patent rights

A patent holder may apply to the Intellectual Property Court in the following cases:

  • his/her patent rights are infringed by third parties – a compensation for losses caused may be claimed;
  • a conflict over a contract of alienation, a contract of commercial concession or a license contract on a patent;
  • a patent is recognized as invalid, etc.

Specialists of our Patent Bureau have immaculate qualification and extensive experiences in the field of protection of patent rights in the Chamber for Patent Disputes and in cooperation with the FAS bodies, as well as experiences of success in court practices relating to protection of infringed patent rights.