Reimbursement of expenses when considering the disputes in Rospatent

In accordance with the new Federal Law No. 390361-8 of January 30, 2024, with proposed amendments to Article 1248 of the Civil Code of the Russian Federation, when considering the disputes in administrative proceedings in the Chamber of Patent Disputes (department of Rospatent) with regard to patents, trademarks, utility models and other IP objects, reimbursement of expenses of the winning party shall be made by the second party of the dispute.

Before the new law, the expenses for preliminary administrative disputes were not subject to reimbursement. The winning party could reimburse only those expenses incurred during consideration of disputes at court, including pre-trial costs. However, in a number of disputes, the interested party was required to begin proceedings with an administrative hearing in the Chamber of Patent Disputes and only then go to court.

Now the following expenses incurred during administrative proceedings can be reimbursed:
• patent and other fees;
• fees to be paid to the experts, specialists, and translators;
• fees (within reasonable limits) to be paid to patent and trademark attorneys, attorneys-at-law, other representatives;
• other expenses associated with the consideration of the dispute.

In cases where the claims are partially satisfied, the expenses are to be reimbursed proportionally to the claims satisfied.

Please feel free to contact us at office@ars-patent.com for more details regarding this issue.

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