Patent Law in Russia

    Defending the rights of the patent holder in Russia is not widespread: each year, according to a rough estimate, only 150 such cases are considered in the country. Do domestic companies really have such a high level of consciousness that they prefer to patent their developments in accordance with all the rules and concentrate on violations primarily in the field of copyright? Unfortunately no.

    The reluctance to defend one’s interests is connected with the complexity of the defense procedure and the underestimation of the importance of a patent, which in Russian conditions has a simple explanation.



    We have such a scheme that is widespread: minor changes are made to well-known technical solutions and models - and patented again. That is, Russian practice makes possible the simultaneous existence of several patents for similar products, one of which is slightly modernized, and this modernization may be of little significance. And this is for companies in the highly competitive industry, this means the loss of benefits.

    The patent holders create another difficulty for themselves: careless handling of the description of the claims or utility model, their essence. They simplify the procedure for obtaining a patent by filing an application for both an invention and a utility model at the same time, and allow different interpretations in the formula. And any ambiguity in the description can then be used both for defense and for attack. A classic example: a company filed a patent infringement lawsuit, to which it receives an answer - an objection to the grant of the same patent. Such actions of competitors also pose additional legal costs, because disputes about the validity and violation of a patent are considered in the framework of different processes - administrative and judicial, respectively.

    Another complication, however, that patent holders create for themselves is careless handling of a description of a claims or utility model, their essence. Desiring to simplify the procedure for obtaining a patent (for example, by filing an application for both an invention and a utility model at the same time), they allow various interpretations of the formula. And this can have negative consequences, because any ambiguity in the description can be used both for defense and for attack. A classic example: a company filed a patent infringement lawsuit, to which it receives an answer - an objection to the grant of the same patent. Such retaliatory actions of competitors also pose additional legal costs: the dispute over the validity of a patent is examined with the participation of Rospatent - and this is an administrative process,
    Currently, the objects of patent law are an invention, utility model, and industrial design . Moreover, the first two relate to the results of intellectual activity in the scientific and technical field and differ only in the presence of an inventive step, and an industrial design is already the result of intellectual activity in the field of design, only the appearance of the product is protected here.

    The most active players in the domestic market are industrial giants. For them, patenting is the preservation of their leading position in the industry. Medium and small companies with a large share of high-tech production are also leaders, not only in the number of patents, but also in the courts. Fierce competition, including from international corporations that develop national markets, forces them to learn to use this tool to protect their interests.

    At the forefront are IT companies that have entered the global market. Kaspersky Lab is patented not only in Russia, but also in the USA, China and some European countries. As of October 2014, it has registered nearly 250 patents. A special department for processing applications at Kaspersky Lab was set up after the company completeda three-year trial with Lodsys for allegedly infringing a patent describing the “feedback” between the manufacturer and customers. Russian IT professionals then won, but it cost the company $ 2.5 million.

    Another well-known Russian software company, Abbyy, in 2013 won and won a trial against Nuance Communications. Abbyy was accused of infringing 8 patents. Some of the claims were contested - the US Patent Office canceled the grant of Nuance patents. In another part of the patents, claims were withdrawn. The company was threatened with compensation in the amount of $ 265 million.
    Sphere, occupying a leading position on patenting ( data for 2013): Research and development - 6820, production of machinery and equipment - 1865, ships manufacture of aircraft and spacecraft - 1265 Manufacture of medical, precision and optical instruments , hours - 1071, education - 952, metallurgical production - 946. Near the end of the list - activities related to the use of computers and information technologies - 55 patents

    There is a pool of companies that are actively using the patent court tool along with a package of measures to protect the brand and trademark. These are primarily food manufacturers.

    Soyuzplodoimport waged a long war with the French company Louis Roederer, challenging the international registration of the Cristal champagne trademark. “Kholod Slavmo” at one time tried to patent the packaging of “Sugar tube” ice cream, but common sense triumphed and this patent was quickly disputed. Belgorod refrigeration plant patented the design of the “Vigorous Cow” ice cream design, and “Rosmark” - the labelGOST ice cream. All these cases, of course, had nothing to do with inventions. Trying to prevent competitors from releasing a product similar to their own, an objection to a patent is often paired with challenging trademark rights.

    Most recently, AvtoVAZ announced that Mitsubishi has copied the design of their LADA XRAY car. The story would have gone unnoticed, you think, a newspaper duck, if not for the statement by the VAZ designer, an experienced European manager, that the appearance of the car is patented. A patent for an industrial design was found in the open database of Rospatent already for 2012 and indeed contains a detailed description of the main characteristic details.


    Purely theoretically, domestic patent practice can be replenished with another interesting case. AvtoVAZ was insured, also in advance in 2012. But while they think, Mitsubishi in April already brought its car to the Russian market.

    The Israeli company Teva, the largest manufacturer of generics, is regularly suing the United States, but they also have their own interests in Russia. In 2011, the Russian branch of Pfizer accused the Russian branch of Teva of illegally copying Viagra. It turned outthat the current Pfizer patent in Russia at that time did not protect the active substance of the drug, but only the way it was used, which allowed the parties to agree fairly quickly. Teva regularly holds patent courts in Russia for inventions similar to its own. However, Russian pharmaceutical companies in these disputes are so far only outside observers, all proceedings are conducted between global players.

    Also popular now: