Aims and principals of our firm

Currently the majority of specialists, who give legal assistance on patents and trademarks, are the former employees of Patent Office. And only the minor part gained experience and skills in patent and law firms not being a state official.

Among patent attorneys (total number is approximately 1200) there are few that has higher legal education. Or vice versa, rights and interests in courts sometimes presented by lawyers that are not specialized in intellectual property and don’t know all the cobwebs of legislation.

But the time has come when rightholders need lawyers that have general legal knowledge as well as specific on patents and trademarks. At least it seems to us after several years of effective practice.

We are a young law firm, organized by lawyers, who have worked as specialists in legal protection of intellectual property and protected interests of principals before Rospatent and courts. We have never worked in Patent Office and its structures or any other state authorities and were brought up in respect for law. The major education of each our lawyer is legal higher education.

The basis of our professional views and principals is the understanding that the federal executive authorities (including Federal Department for Intellectual Property, Patents and Trademarks and Chamber of Patent Disputes), only perform the law in the sense and purpose of legal regulation that are determined by legislator.

If a patent or trademark registrations are provided to unregistrable from the legal viewpoint object, it may cause grave negative consequences. And later on a rightholder may face the substantial pecuniary losses. It` s necessary to realize that lawfulness of patent and trademark registrations can be checked by the court.

The best example to illustrate it is a utility model. The Patent law of the R.F. declares that patent protection for utility model can be provided to a device unknown before. But at the same time it determines that the issue of a patent for a utility model doesn’t presuppose any examination except the accuracy of applied documents. It means that it’s possible to obtain a patent for any device, but in future such a patent may be annulled. Despite legal possibility to patent any device, we never recommend to abuse such opportunity. It’s risky to have a patent, that can be annulled any time and to exercise rights according to it. The same relates to any industrial property object.

Legitimacy and sincere respect to the law is one of the major principals of our work.

In legal work a lawyer inevitably faces numerous controversial and uncertain situations that can involve advice of the independent expert or arbiter based on moral certainty. Such situations rise especially often in intellectual property sphere because we deal with non-material results of mental performance and means of ascertainment. Similarity of one trademark or invention with the other, ability or non-ability of the mark to distinguish similar goods of different persons those are the typical controversial situations in our practice. And it would be unfair to assert that we can determine 100% accurately whether a trademark (invention) can be registered or not. Nobody can do it.

The law itself by establishing the possibility during specified time to claim priority not on the date of application filing but by earlier date causes some vagueness in rights even when it seems there is no doubt in protectability. So if someone dares to give 100% guarantee of a result that is intentional false suggestion or just non-professionalism. Perhaps, there is only one case where a 100% guarantee can be given that is utility model, as it was above mentioned.

In our work we strive to make a full analysis of a situation and to predict all possible controversial situations. And when we see such situation we warn about it our principal. So relying on our recommendations and advice he makes a decision himself if the risk is worthwhile in a given financial situation.

We’ll never take a case only because to get a reward. We consider that we are paid to do our best to achieve a real result and not to dream on lawyer’s opportunities.

Integrity is the second principal in our work

We love our work and profession. We get ethical pleasure when dealing interesting cases. Of course, our firm is commercial that is why the main purpose is profit earning. However, we come across cases that give priceless experience or that contain obvious injustice. If in such situations a principal is not able to pay the usual fee or doesn’t want to do it because of great risk of refusal in claims settlement, we show flexibility in tariffication and the order of payment.

Generally speaking, flexible price policy, attention to every principal and his particular case, easy communication are characteristic of any young firm. We are not exception.

Also we do our best to work quickly because we realize that we deal with rights the accrual of which is basically depends on the date of application filing. The absence of redundant formalities doesn’t reduce the level of security of client’s confidential information.

We will stick to the given principals at work with any principals regardless of their status or financial position.

Sincerely yours,

Lomsky Sergey

Patent attorney of the RF

Managing partner