«Law and Economics» magazine has published an article (in Russian) by Senior Partner of «A.Zalesov & Partners» Patent & Law Firm Aleksey Zalesov entitled « On problems of challenging Rospatent’s decision to grant a patent when the patent is obtained in breach of the law, in the Intellectual Property Rights Court».
The article deals with problems parties face when they challenge Rospatent’s decision to grant a patent in the IP Court in case the future patent owner has violated patent law requirements governing the procedure for obtaining a patent. Being formed in the IP Court, the approach of prohibiting concerned parties from applying to the court to protect their economic interests by challenging an illegal decision to grant a patent practically legalizes the possibility of obtaining a patent illegally in case the future patentee infringes any rules of the law, other than those specified in Article 1398 of the Civil Code of the Russian Federation.