The expert assessed the patent dispute between Neftekhimsintez and Inc.

The circumstances of the patent dispute between Neftekhimsintez and Irkutsk Oil Company (Inc.) require a comprehensive review and expert patent assessment, said Sergey Vasiliev, a partner at Gorodissky and Partners law firm, commenting on the publication of Vedomosti.

In 2023, INC. received a patent for an oil refining technology, which, as they say in Neftekhimsintez, the company actually copied. In 2024, the INC patent was annulled as repeating an existing solution, but then a new one was issued with a different formula. Rospatent and the Eurasian Patent Office have sent appeals to the GUEBiPK of the Ministry of Internal Affairs with a request to check for possible violations of the rights of Russian inventors. Neftekhimsintez believes that INK illegally uses their reagent, created jointly with the Chemical Faculty of Moscow State University, to purify oil from hydrogen sulfide and mercaptans. In confirmation of this, Neftekhimsintez, in particular, provides data on the purchase by INC of components identical to those used in the patented technology — acrylonitrile and potassium hydroxide.

"The fact that INC. has a patent issued to it does not mean that it uses it specifically and only when refining oil, without violating the patents of the beneficiaries of Neftekhimsintez. Strictly speaking, having your own patent does not guarantee that you do not violate other people's patents in your business activities," Vasiliev said.

According to him, in practice, Article 147 of the Criminal Code of the Russian Federation ("Violation of inventive and patent rights") is rarely applied — this is due to the specifics of the cases themselves. "We are talking about technically complex issues that require expertise and careful legal assessment. It is necessary to establish not only the fact of using the invention, but also the existence of intent. Of course, without the involvement of patent attorneys and experts in the field of technology to which the invention relates, it is difficult for law enforcement agencies to establish the existence of an objective side of the crime," the expert said.

At the same time, patent infringements are not uncommon in Russia, but most patent holders, as a rule, prefer to go to court in civil proceedings. "However, this does not mean that the Interior Ministry is not authorized to verify allegations of such crimes. On the contrary, in the framework of just such a check, important evidence can be obtained that is almost impossible to obtain in civil proceedings. As part of the criminal investigation, searches, seizure of documentation, interrogations of employees, appointment of examinations, operational and technical measures, including removing information from technical communication channels, are possible," Vasiliev explained.

As for the dispute between Neftekhimsintez and Inc., the expert stressed that the purchase of the same reagents specified in the patent does not automatically mean a violation. "However, in combination with other evidence, this can be considered as a sign of a possible use of the patented technology. If, during the inspection, it is established that all the signs of an independent formula point are used in oil refining, that is, not only the composition of the substances coincides, but also the method of their use, this may become the basis for a decision to initiate criminal proceedings," the lawyer emphasized.

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