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The article of Managing Partner of «A.Zalesov & Partners» Aleksey Zalesov deals with problems parties face when they challenge Rospatent’s decision to grant a patent in the IP Court in case the future patent owner has violated patent law requirements governing the procedure for obtaining a patent. Being formed in the IP Court, the approach of prohibiting concerned parties from applying to the court to protect their economic interests by challenging an illegal decision to grant a patent practically legalizes the possibility of obtaining a patent illegally in case the future patentee infringes any rules of the law, other than those specified in Article 1398 of the Civil Code of the Russian Federation.