Considering IP Specific Sanctions Against Russia

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RICK NEIFELD

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Feb 24, 2022, 5:44:56 PMFeb 24
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I think we have a unique perspective on IP law that allows us to make suggestions about possible IP specific sanctions against Russia. Since "all bets are off" in wartime, and related emergencies, I am playing fast and loose with international treaties and existing US statutes.  I am confident we can figure out what to amend or revise to overcome treaty and legal issues.

 

So here is a list and I invite comments.

 

1. There are 3619 United States patents issued to Russian applicants, and 249 issued just in 2021.  Hold these patents by executive order to be unenforceable, and by act of congress amending 35 USC 282(b)(4), to make them unenforceable. Impose similar sanctions for Russian origin US trademark and copyrights. (And ask other countries to do likewise.) 

 

2. Make all debt to all Russian entities, whether government or non government entities, for their services and products, null and void, and unenforceable in US courts. (And ask other countries to do likewise.) 

 

3. Hold by executive order, followed by act of Congress, that Russian origin entities are not entitled to fee discounts of any time, such as US patent small entity fee discounts, for any service of the United States Government.

 

4. Hold by executive order, followed by act of Congress, that US patents have worldwide extraterritorial effect against Russian origin entities, and hold by executive order, followed by act of Congress, courts have jurisdiction to proceed in default to enter default concurrent with default judgement against Russian origin entities on IP infringement civil actions.

 

Best regards, Rick Neifeld, Ph.D., Patent Attorney

Neifeld IP Law PLLC

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Krista Jacobsen

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Feb 24, 2022, 11:32:43 PMFeb 24
to RICK NEIFELD, Rick's List-Serve (patentlaw@googlegroups.com)
Hi Rick,

And the RO/US can drop ISA/RU as a search authority for PCT applications to prevent any U.S. technology from going to Russia before it is published (and also to prevent the flow of money to their patent office, of course).

Best regards,
Krista

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Krista S. Jacobsen
Attorney and Counselor at Law
Jacobsen IP Law

RICK NEIFELD

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Feb 25, 2022, 9:30:30 AMFeb 25
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Noted. Rospatent is currently the lowest cost option for US origin PCTs  and therefore probably pretty popular.

 

PCT fees to foreign offices**

Back to topFee code37 CFR §DescriptionFeeSmall entity feeMicro entity fee

 

1704

 

International search (EPO)

2,065.00

2,065.00

2,065.00

1715

 

International search (ILPO)

1,104.00

1,104.00

1,104.00

1712

 

International search (IPAU)

1,604.00

1,604.00

1,604.00

1717

 

International search (IPOS)

1,652.00

1,652.00

1,652.00

1716

 

International search (JPO)

1,405.00

1,405.00

1,405.00

1709

 

International search (KIPO)

1,011.00

1,011.00

1,011.00

1714

 

International search (Rospatent)

549.00

549.00

549.00

Krista Jacobsen

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Feb 25, 2022, 10:08:22 AMFeb 25
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I think you're right. I have had clients pick Russia when they don't care about search quality and merely want the cheapest option to preserve the option to file foreign patent applications later. I expect others have clients who do the same.

Best regards,
Krista
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