Rospatent may not challenge intellectual rights on its own

Rospatent may not challenge intellectual rights on its own

23.08.24

The IP Court, as a result of consideration of case No. CIP-1302/2023, ruled that para. 45 of the Rules for Examination and Resolution by Rospatent of Disputes in Administrative Procedure does not comply with the Civil Code and recognized it invalid insofar it authorizes the board of the Chamber for Patent Disputes (CPD) to independently identify grounds for challenging the validity of rights.
In other words, the CPD will now consider only those grounds that are claimed by the opposer.