Because of him, the court banned the use of Samsung Pay.
Samsung has applied to Rospatent to revoke the patent of the Swiss Sqwin SA for the invention of the “Electronic Payment System”, Kommersant reports with reference to Hogan Lovells, representing the interests of the company. The Chamber for Patent Disputes will consider the appeal on December 24.
Sqwin SA’s application may be canceled due to the lack of novelty and inventive level and due to violations during patent registration in Russia, said Natalia Gulyaeva, managing partner of the Moscow office of Hogan Lovells.
The patent of the Swiss company was registered by Rospatent in April 2019 after an international application with priority dated December 21, 2012. It was filed with the Patent Office of Germany.
Samsung representatives believe that the patent has been expanded — a description of the generation of a unique code by the buyer’s device and its transfer to the seller’s cash register system has appeared. There were no such functions in the documents of the international and priority applications.
When submitting an application, the company registers the scope of rights and can narrow it rather than expand it. The patent application from 2019 could have been changed for Samsung technology used since 2015, lawyer Ekaterina Plusova said. In July 2021, the court banned the use of Samsung Pay due to a patent dispute with Sqwin SA. In August, Samsung began to appeal the decision.
In October, the court banned the sale of Samsung devices with a contactless payment system. The restriction affected 61 models, including the newest ones. If the patent is invalidated, the decision of the court of first instance will lose its force.