It should be noted that these days a lot of people are confronted with the issue of restoring patent rights after the official deadline for the restoration (a year after the date of necessary maintenance for the next year of validity). In view of the common question and with respect to our practice, we should mention that a large number of such questions relating to patent restoration remain unanswered.

According to the Civil Code of the Russian Federation, the Patent Owner can take advantage of the Right of Post-Use.

Right of Post-Use – The restoration/reinstation of the validity of a patent on invention, industrial design or utility model.

Based on the IPR GROUP practice, kindly consider the following information concerning the Right of Post-Use:

  • On the request of the patent rights holder or his/her assignee, the federal executive agency on intellectual property can restore the rights on a patent in the case of a patent on invention, industrial design or utility model which was terminated due to the fact that the maintenance fees were not duly paid within the allotted period. For this the applicant may file an application for the restoration of the patent with the federal executive agency on intellectual property within three (3) years from the expiration date of the term for the payment of said maintenance fee, but before the expiry of the validity of the patent.
  • This information on the restoration of the validity on the patent on invention, industrial design or utility model will be published in the Official Bulletin of the federal executive body.
  • The rights holder or assignee thereof who began using the invention, industrial design or utility model during the period of preparation for restoration on the rights for post-use of the patent, i.e. between the date of termination of the patent and the date of publication in the Official Bulletin of the federal executive authority on intellectual property of the information on the restoration of rights, such an individual retains the right to continuous use of the patent without expansion on the scope of said use.
  • It is possible to transfer the right of post-use to a third party along with the enterprise where the use of the invention or a solution asides from the invention was made with equal features, industrial design or utility model, or the required preparations were made for this.

If you have any questions, please, contact our representative office in Russia. We are always glad to help and share information regarding IP and the Right of post-use.