The State Duma is considering a new draft regarding the possibility of recovering costs incurred by one of the parties in an administrative dispute before Rospatent. The proposed changes are based on the recent ruling of the Constitutional Court following its consideration of a patent holder’s claim.
The author examines the reasons and consequences of adopting this approach for the patent system, as well as its effects on the patent holder’s monopoly and on the situation of persons applying to Rospatent to verify the validity of a patent grant.