«Transitservisresurs» LLC filed an invalidation action against the grant of a Russian patent for a utility model of our client «BAIKAL BITUMEN TERMINAL» LLC relating to a container for solid and viscous petroleum products. The claim was motivated by the non-compliance of this utility model with the patentability condition «industrial applicability». It is worth mentioning that as part of the consideration of the claim, the Board raised another ground for invalidating the patent which was not directly indicated by the party which filed the invalidation action.
Having considered all the arguments of the parties, the Chamber for Patent Disputes came to the decision to refuse to satisfy the claim and leave the client's patent in force.
What helps us to win in such cases is that before filing the final version of a patent application, we always check the patent claims for stability and evaluate the possibility of further claims to third parties.