An article by Aleksey Zalesov, Managing Partner of «A.Zalesov & Partners» Patent & Law Firm - «On the unlawfulness of recovering expenses incurred in an administrative patent validity dispute from a person filing an objection» - has been published in the new issue of the «Patents and Licenses» magazine (in Russian).
At the beginning of 2023, the Constitutional Court of the Russian Federation adopted a resolution prescribing the possibility of recovering expenses incurred when considering a patent validity dispute at the stage of the administrative process. The provisions of the resolution were included in the new legislative draft which contains changes to paragraph 2 of Art. 1248 of the Civil Code of the Russian Federation.
The author of the article gives reasons why the adoption of the approaches outlined in this draft would cause significant harm to the development of the national patent system.