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Challenging of patent validity

A granted patent may be challenged through applying to the state registering authority, in this case it is a structural unit of Rospatent – the Chamber for Patent Disputes.
According to the civil legislation, any person who becomes aware of wrongful grant of a patent may apply to Rospatent with a statement.
Success in such a case depends on the fact whether such a person can prove that the registered intellectual property object does not comply with one or more criteria of patentability.
Evidence may be formed by any documents certifying that any facts were overlooked or were not taken into account by employees of Rospatent in the course of the examination.

Course of actions for challenging a patent in the chamber for patent disputes:

  • drafting an opposition and filing it together with documents of proof with the Chamber;
  • the Chamber sets a meeting date for considering the dispute;
  • Rospatent issues a decision on full or partial cancellation of the patent or on refusal to allow the opposition.

Partial cancellation means grant of a new patent to the right holder for the part that complies with the patentability criteria.

After cancellation of a patent it is recognized as invalid from the date of its grant; thus, any disputes, if they already exist between the opponent and the right holder, are regarded as exhausted.

Challenging grant of a patent in court:

In a case an opposition is not allowed, the opponent has three months for appealing the Chamber's decision to a court. Rospatent does not check authorship of inventions, industrial designs and utility models; therefore, as a rule, disputes on authorship of a technical solution are resolved in a court only.

Specialists of our Bureau have immaculate skills, deep knowledge in the field of patent law and extensive experiences in patent dispute proceedings in the Chamber for Patent Disputes and courts. We are ready to offer legal follow-up to you in any stage of challenging grant of a patent.