On 6 September 2020, new rules of consideration of oppositions and appeals have come into force at the Russian patent office.
The main changes are the following:
- It is now possible to file oppositions and additional materials electronically. Previously, the oppositions had to be mailed. In case the patent office finds that the opposition/appeal is not complete, the applicant will be provided one month to make corresponding amendments.
- The new rules officially provide the possibility to arrange hearings via video conferences.
- The terms of consideration have also been set up. The first hearing should be held within one month in the appeal cases and within 2 months in other cases.
- In addition, a hearing may be postponed for a limited number of times and based on a limited number of grounds.
- The appeal/opposition process can be suspended due to a pending court case, and until the decision in the court case is issued. This is a very important change as it gives the right holders an opportunity to implement their IP strategy without limitations at the Patent Disputes Chamber and courts at the same time.
- Further, it is possible to submit new materials and facts during the process. The new facts and materials must be sent to the other party within 5 days for commenting and responding.
- A written decision by the PTO must be issued within two months.
The new rules follow the recent trends in the Russian IP field, and fill some previously existing gaps. As the processes are now more detailed and regulated, the right holders will also benefit from these new rules.
Should you need any further information, our IP experts are happy to help you.