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In 2008, employees of the chemical department of PJSC "OGK-2" invented a technology for the regeneration of waste turbine oil. Under the technology the yield of refined oil is more than 90 percent, which increases the service life of the oil for several times. The technology was formalized in the form of a rationalization proposal and implemented in production.

In 2016, the Head of the chemical department and the director of the branch of PJSC "OGK-2" borrowed the technology and patented it under his own name, which prevented PJSC "OGK-2" from using it freely.

PJSC "OGK-2" and its employees-authors have applied to the court with a claim to indicate in the patent instead of the defendants themselves as the patent holder and authors, respectively.

In turn, the defendants referred to the fact that the technology was developed by one of them back in 2006 and has nothing to do with the rationalization proposal. At the same time, the Head of the chemical department in 2010 allegedly notified the creation of an invention of PJSC OGK-2 represented by the director of the branch (co-defendant), in connection with which PJSC OGK-2 has by now lost the right to obtain a patent*.

For a year and a half of the consideration of the case, the parties submitted to the court more than 10 volumes of evidence, two forensic examinations were carried out, in which the experts came to the opposite conclusions. Client turned to VEGAS LEX at the final stage of this complicated case.

The arbitration practice of VEGAS LEX in a short time managed to prepare a comprehensive legal position and not only convince the court that the invention was created by the co-claimants, but also prove that it is of an official nature and that PJSC "OGK-2" is the proper patent holder, and the defendants through inappropriate notification received a patent bypassing the employer. The Intellectual Property Court satisfied the claims of PJSC "OGK-2" and the authors in full.

To defend the decision, the client again turned to the services of VEGAS LEX specialists, who prepared a written position and represented the interests of PJSC "OGK-2" in the court of cassation **.

As a result, on January 18, the Presidium of the Intellectual Property Rights Court dismissed the defendant's cassation appeal and upheld the decision.

The Client, as the sole patent holder, is now able to use the invention and dispose of it at his own discretion, optimizing the operation of the power plant using patented technology and saving significant money. In addition, a precedent was created for the inadmissibility of abuse of their rights by employees of PJSC "OGK-2" in management positions in order to illegally obtain a patent bypassing the employer.

We congratulate our colleagues and wish them further success!

* As a general rule, the right to obtain a patent is returned to the employee if the employer has not made a decision on the fate of the invention within four months (paragraph 4 of Article 1370 of the Civil Code of the Russian Federation).

** The decision of the Intellectual Property Rights Court comes into force from the date of adoption and is not subject to appeal.