A ground-breaking decision by the Presidium of the Russian IP Court changes the way priority is established for divisional patent applications of the second and subsequent generations. This now opens the way for patents based on such divisional applications to be invalidated.
On 6 October 2023, the Presidium of the Russian IP Court issued a ruling that – unless overturned by the Supreme Court of Russia – changes the way priority is established for the second and subsequent generations of divisional applications.
Under the new ruling, in order to inherit the priority date of an initial application, all subsequent divisional applications should be filed before the patent is granted on the initial application, or before the time period for appealing a rejection decision expires.
This change of practice now jeopardizes the validity of patents already granted on divisional applications filed after a patent was granted on a corresponding initial application. Such patents can now be invalidated on the grounds of lack of novelty. Read more