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Additional ground for challenging the extension term of an invention patent for a medicine or agrochemical

7 October 2022

The law on Amendments to Article 1363 of Part IV of the Civil Code was adopted on October 7, 2022 (№ 386-ФЗ).

Para 2 of Article 1363 provides for the conditions for extension of a patent relative to a medicine or agrochemical, and also to the grant of a supplemental patent for the extended term.

The law gives additional grounds for challenging extension of a patent and challenging validity of the supplemental patent granted for that extension. The new wording of Para 5, Articles 1363 sets forth that extension of a patent and validity of a supplemental patent may be recognized invalid if they do not comply with conditions provided in Para 2 of Article 1363.

Challenging extension of the term and of supplemental patent should be done through filing an appeal to Rospatent. The appeal may be filed by any person during the whole term of extension and, after that term, by an interested person.

Provisions of the law are applied to supplemental patents granted before and after the enactment of the law as well as to the extensions allowed up to January 1, 2015 when extensions were granted without issuing supplemental patents.

The law becomes effective from October 18, 2022.