Acting as both representatives and opponents of patentee during invalidation proceedings before the Opposition Board of the Eurasian Patent Office (the EAPO), Chamber for Patent Disputes of the Russian Patent Office (Rospatent) and the Russian Intellectual Property Court (IP Court) on more than 180 patents our patent attorneys have unique expertise to assess the validity prospects of Russian and Eurasian patents. We are constantly ready to assist our clients with a patent invalidation case attacking or defending the patents of their adversaries. E.g. if a granted Russian or Eurasian patent is an obstacle to the client’s business activity in Russia or the clients are facing patent infringement proceeding after a warning we make a direct patent search, form an invalidation position and attack such patent. Our partners have excellent success scores in validity trials and are renowned experts in this type of patent litigation.
The patent invalidation trial against Russian invention, utility model or design patent or Eurasian patent (being in force in Russia) starts by filing a patent invalidation action with the Chamber for Patent Disputes of the Russian Patent Office which can be done during the whole patent term. The decision of the Chamber for Patent Disputes is appealable with the Russian IP Court within 3 months. The validity case may end in the Supreme Court if the cassation appeal of the IP Court decision is taken for consideration by a Supreme court judge (with full discretion to reject a cassation appeal). The judicial proceedings on patents in Russia are quite fast - the whole case may take from 0,5 to 2 years depending on the complexity and activities of the parties.