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Uralvagonzavod Sues Intellectual Property Service for Its Patent Annul
August 17, 2016
Uralvagonzavod is suing Russian Federal Service for Intellectual Property (Rospatent), the Kommersant reports. Uralvagonzavod disputes Rospatent’s decision to annul the company’s patent for the 18-100 freight car bogie.
Uralvagonzavod’s patent No. 2200681 issued to “Railway Car Bogie” was received in 2001. The company patented the design of replaceable pads installed between side beams and bolsters to improve wear resistance and endurance of the side beam aperture and facilitate the bogie maintenance.
Since then Uralvagonzavod was receiving royalty for using its invention. Six companies signed patent use agreement, Rospatent said. in 2012 OAO RZD requested Rospatent to annul the patent for the bogie. OAO RZD said that the bogie is no invention as similar products are manufactured in Canada and the United States while the first patent for a similar bogie was registered in 1931. Rospatent agreed with OAO RZD and annulled Uralvagonzavod’s patent. However, in June 2014 Uralvagonzavod restored the patent via a court decision.
In 2015 Uralvagonzavod won several cases to competitors using its technology. For example, Tikhvin Car-Building Plant agreed to pay 30 M RUB to Uralvagonzavod and, further on, pay 2% of sales of each car using that technology.
The patent was repeatedly annulled in May 2016 upon a request submitted by Aspid Consulting Agency.