Dr. Aleksey Zalesov, advocate and patent attorney, analyzes the position formed by the courts, which prevents from filing invalidation actions against the decision of Rospatent on the illegal restoration of the application and the decision to grant a patent regarding such illegally restored application. At the same time, according to the expert, judicial protection of the interests of the third parties from the application of illegally obtained rights to them should exist in Russia. The denial of the right to appeal to the IP Court in order to verify the legality of the grant of a patent, including the legality of the restoration of rights on the application regarding which the patent was issued, does not correspond to the essence of the patent system and could not be considered to be in line with the constitutionally established standards for judicial protection in Russia.