On January 10, 2023, the Constitutional Court adopted a Decree in which it stated that in case of appealing Rospatent's decision in court, the costs incurred by a party during the administrative proceedings may be recovered from the defeated party under the rules of reimbursement of court costs.
Previously, the practice was that the costs incurred in connection with the consideration of oppositions in the Chamber of Patent Disputes were attributed by the courts to the administrative («out-of-court») procedure of dispute resolution and therefore they were not subject to compensation as part of the court costs.
The Constitutional Court concluded that such practice unreasonably restricts the right to state, including judicial, protection of intellectual property and charged the legislator to develop within a reasonable time a special legal mechanism for compensation of this category of costs.