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Rospatent: the dispute resolution process explained

Rospatent has adopted new procedure for objections and applications filed in the Chamber of Patent Disputes, and the process of consideration. It affected the dispute resolution process, making it closer to arbitration proceedings.

Rospatent discussed new regulations on the 24th Conference. The dispute resolution process raised question among intellectual property attorneys. Rospatent immediately explained certain characteristics of the Rules.

However, the old Regulation No. 56 of April 22, 2003 will still be valid for the objections and statements received by Rospatent before September 6, 2020 in the part that is not in contradiction with the Civil Code of the Russian Federation. Rospatent said that all objections and applications received after the date shall be considered in the order provided by the new Regulation № 644/261.

The current Regulation significantly differs from its previous version. Thus, noticeable improvements were made in regard to procedural rights of applicants and in the dispute resolution process. New regulations extend the scope of the digital and remote interaction of an applicant with the Chamber of Patent Disputes. Today, the dispute regulation process may take a digital form at the official websites of Rospatent and the Federal Institute of Industrial Property in the client area. In particular, it enables to file an objection or application, or commentary, explanations and petitions of the parties, including a request to participate in video conference calls.

Audio and (or) video recordings of the meeting will be stored for at least four months from the date of the meeting and will be provided at the request of any party to the dispute.

If an objection is accepted, information about it will be posted at the FIPS website. The code identifier for access to materials will be mailed to the parties. Information materials will be stored in a personal area in the section “Objections and Applications.”

A person to file an objection may now submit new argument to support his claims. Information on additional arguments will be sent to the other party within 5 business days from the date of application to express their opinion with regard to new arguments.

In addition, board members may identify the grounds for claiming the procedure for granting legal protection to an intellectual asset as invalid, or that serve as an obstacle to granting legal protection. Information on the mentioned grounds shall be communicated to the parties to the dispute within 5 business days since the Court collegium. In this case, they will be granted an opportunity to share their opinion.

The procedural deadlines have also significantly changed. The deadline of the formal verification of an ojection or application has been reduced from one month to 5 business days. If a confirmation of the payment is received, the first session on objections to Rospatent’s decisions will be held not later than a month from the date of their adoption for further consideration, and for some objections and applications should be held not later than two months.

The grounds for postponing the session of the Collegium are limited and the deadlines are fixed: the decision of the Collegium the date of the session may be postponed for more than a month.

If it’s necessary to get a conclusion of the independent expert, the session of the Collegium may be postponed for not more than 3 months. They defined the terms of postponing the session of the Collegium at the request of one of the parties to the dispute.

The date of the Collegium may be postponed by the motivated procedural request of the parties to the dispute not more than 2 months due to the need to ensure the terms for full and objective consideration of the dispute.

Therefore, new rules significantly reduce some of the procedural deadlines, allow the parties to formulate their position in a dispute, increase the volume of digital interaction between the parties and the Chamber of Patent Disputes, making the process much more convenient for all participants.

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