Samsung, trying to lift the ban on the sale in Russia of its smartphones that use Samsung Pay technology, applied to the Chamber of Patent Disputes of Rospatent to cancel the patent of Sqwin SA for the invention of the Electronic Payment System.
The patent of the Swiss company Sqwin SA was registered by Rospatent in April 2019 on the basis of an international application with priority from December 2012, filed with the German Patent Office.
According to Samsung representatives, when registering a patent in Russia, the patent was expanded: the description contains an indication of the possibility of generating a unique code by the buyer’s mobile device and its further transfer to the seller’s cash system as alternative contactless payment technology. But such functionality was not described in the documents of international and priority applications.
This may be a sign that in April 2019, when registering a Sqwin SA patent in the Russian Federation, the materials were specially modified for the technology used by Samsung since 2015.
If Rospatent, when comparing the descriptions, finds out that the formula has been expanded, the patent may be invalidated, which will entail the cancellation of the decision of the court of the first instance.