Every year the number of patent disputes increases and competitors seek to invalidate each other's patents because they impede the development of their business. The patent revocation procedure must be carried out competently from a legal point of view
First of all, it is necessary:
1. Establish the validity period of a patent, since there are limits of up to 20 years for a patent for an invention and up to 10 years for a utility model. You can obtain detailed information on the status of Russian patents on the website of the Federal Service for Intellectual Property (Rospatent), and on the status of international patents on the website of the World Intellectual Property Organization (WIPO).
2. If the patent expires, explain in court why the contested technical solution interferes with the company’s activities. However, if the patent is terminated prematurely due to non-payment of renewal or its term has not expired, then the situation does not require litigation and the law will be on the side of the Copyright Holder.
The decision to go to court regarding the revocation of a patent depends on the results of an examination of the documents with the patent application by the interested party, who has the right to receive a copy of them through Rospatent. After examining the documents for errors and observing the basic conditions for registration of a technical solution (novelty, inventive step and originality), comparing the material of the disputed patent with others that are similar in technical essence, if they are found, you can go to court.
At the next stage, the jurisdiction of the patent dispute is determined. The case will be considered in the Chamber of Patent Disputes if the basis for filing a claim is one of the clauses of Article 1398 of the Civil Code of the Russian Federation.
The decision of the Patent Disputes Chamber can be appealed by the Intellectual Property Rights Court.
