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Within the publication, Senior Partner of «A.Zalesov & Partners» shows why it is basically impossible in patent law to completely divide issues of law and questions of facts in different legal systems, and also dwells on the category of «use of the invention» in detail, pointing out the need for a clear definition in the law of such stages as the embodiment of an invention as a patented technical solution in a tangible object and performing certain actions with this object.