MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

IP PROTECTION IN RUSSIA



Frequently Asked Questions - IP Protection in Russia

PATENT ENFORCEMENT PROCEEDINGS

1. Lawsuits and courts
2. Trial format and timing
3. Proof requirements
4. Standing to sue
5. Inducement, and contributory and multiple party infringement
6. Joinder of multiple defendants
7. Infringement by foreign activities
8. Infringement by equivalents
9. Discovery of evidence
10. Litigation timetable
11. Litigation costs
12. Court appeals
13. Competition considerations
14. Alternative dispute resolution


SCOPE AND OWNERSHIP OF PATENTS

1. Types of protectable inventions
2. Patent ownership


DEFENCES

1. Patent invalidity
2. Absolute novelty requirement
3. Obviousness or inventiveness test
4. Patent unenforceability
5. Prior user defence


REMEDIES

1. Monetary remedies for infringement
2. Injunctions against infringement
3. Banning importation of infringing products
4. Attorneys' fees
5. Wilful infringement
6. Time limits for lawsuits
7. Patent marking


LICENSING

1. Voluntary licensing
2. Compulsory licences


PATENT OFFICE PROCEEDINGS

1. Patenting timetable and costs
2. Expedited patent prosecution
3. Patent application contents
4. Prior art disclosure obligations
5. Pursuit of additional claims
6. Patent office appeals
7. Oppositions or protests to patents
8. Priority of invention
9. Modification and re-examination of patents
10. Patent duration