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Cancellation of a patent

A patent may be cancelled for a number of reasons. In each individual case this is a complex and long procedure which should be better conducted or, on the contrary, appealed in the administrative manner by a practitioner competent in the field of patent law.

Termination of a patent for failure to pay the state fee

The legal protection of the patent holder's exclusive rights may be terminated in a case he/she misses the term of payment of an annuity for maintenance of the patent.

In such a case the respective patent may be restored within three years at a request from the right holder subject to payment of the following mandatory fees:

  • the fee that is 2.5 times greater than the annuity corresponding to the year of the request;
  • the maintenance fee for the next year.

Termination of a patent in a case where its grant is challenged

Any interested person may file an opposition to the grant of a patent with the Federal Service for Intellectual Property, if he/she has grounds to believe that the granted patent does not comply with the patentability criteria.
Such oppositions are considered in the Chamber for Patent Disputes as well as in courts. If a verdict is positive, the patent is cancelled from the actual date of its grant.

Termination of a patent at the initiative of the right holder

The right holder may, in any time when his/her patent is valid, renounce it voluntarily. For this it is sufficient to file a statement to this effect with Rospatent, and a reason for renouncement may not be stated.
Specialists of our Patent Bureau are ready to provide you with skilled assistance in a case of cancellation of a patent, in particular, by assisting you in conducting patent examination, developing a legal position for challenging a Rospatent's decision and representing your interests in a court.