Having represented a large international company, «A.Zalesov & Partners» Patent & Law Firm filed an invalidation action against the grant of RU patent for an invention No. 2591831.
The invention protected by a disputed patent relates to a nutritional composition. However, according to our experts, that purpose could not be realized, since the composition of the claimed composition did not contain any nutritional components; there were no examples confirming the implementation of its purpose. In this regard, it was claimed that the invention did not meet the «industrial applicability» patentability requirement; arguments were also made regarding the non-compliance of the invention with the requirements of «novelty» and «inventive step».
The patent owner did not agree with the arguments presented, but still exercised his right to change the scope of legal protection and submitted an amended claim.
The Board of the Chamber for Patent Disputes supported the position of our associates in part of the non-compliance of the invention with the «industrial applicability» requirement.
Based on the results of consideration of the invalidation action and taking into account the claim of the patent owner to change the scope of legal protection, on May 21, 2022, the Chamber for Patent Disputes issued a decision to satisfy the requirements of our client, consider the disputed patent as partially invalid and issue a new patent according to the revised formula.
Aleksey Zalesov and Julia Dutikova represented the client before the Chamber for Patent Disputes.