Nowadays a big part of proffesionals on the market of services related to patents and trademarks, are former staff of Russian Patent and Trademark office. And less part have experience in special law and patent firms without state functionary experience.
Among Russian patent and trademark attorneys (nowadays there are about 1100 registered attorneys) not all have education in law. Situation when intellectual property rights represented by advocates or representatives without IP specialization, who do not have deeply understanding of intellectual property legislation is also prevalent.
But nowadays holders of intellectual property or trademarks are interested in representation by well-experienced lawyers, who qualified enough in patent and trademark matters. Our 10 years experience confirm such point of view.
Law firm “Lomsky & partners” founded by lawyers, who worked as specialists for Intellectual Protection and protected interests of clients in ROSPATENT and courts. Neither one of our professionals had experience of work in Federal Service For Intellectual Property or in related structures and we brought on respect of law.
Basement of our professional position - deep understanding of mechanics of working of Federal Executive Authorities (especially Federal Service for Intellectual property). Authorities just perform their duties under the law, which was accepted by Parliament. And authorities' function of performing law is the main.
Often patent or trademark get protection in ROSPATENT even if it can't be protected by law. Such situation can cover many risks for holder and for third parties. Holder of such registration have risks of rather high financial damage in nearby feature as last instance which can confirm or reject of ROSPATENT's decision is court.
It can be shown on example of utility model. Civil code of Russian Federation declare, that patent protection of utility model can be provided only unknown device. But at the same time no substantive examination for issuing such patent will be provided by Patent office, except formal examination for formal requirements for application. So patent can be issued for already known device as well. But at any time after issuing, such patent can be canceled by any party. Neither it is possible to protect with utility model patent of any device, we never recommend it. If any party will prove that patent is known and any damages was made to this party due to such protection – it will be possible to claim damages from the holder of such patent.
Providing law services, any lawyer unavoidable meet disputable and uncertain situations, which can be evaluated freely by independent expert, on an inner convictions. In intellectual property such situations meets especially often, as we handle cases connected with immaterial results of people's mind and means of individualization. Likelhood of trademarks or inventions with other, possibility or impossibility of trademark for distinguishing of similar goods of different holders – are typical situations in our work. And it would be unprofessional to declare, that we can determine registrability or patentability of mark or invention with mathematical accuracy. It's not possible for anybody. As well, the Law, make possibility in determined time to claim priority before application filing date, and this make some uncertainty in possible protection, even when we have no other objections. So if any person give 100% guarantee of results – it is deception or incompetence. Even utility model can be rejected in some cases.
In our work we trying to make complete analyzing of situation and make forecast for any conflicts and unclear moments and of course we always provide clients with such information. Applicant or holder can plane actions, based on such information and finance expediency, it is possible to make right choice.
We'd never handled cases for one moment profit. Of course we'll make any client's will, but we always provide estimation of risks before proceeding. Our vision of lawyer's mission is providing effective decision and reduction of risks, but not simple filing of blanks.
We like our work and proud about our profession. Handling interesting cases make us glad. Sure our company is business, with main target of profit. But some cases gave us priceless experience or when we can see obvious injustice. In such cases we often can handle the cases with a big discount or deffered payment or payment for result. In any way flexible prices, attention for each client, direct contact with a customer are important for our practice.
Law firm “Lomsky and partners”.