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15.02.2021

An invalidation action was filed by the physical person against the patent of «STES-VLADIMIR» Company — client of «A.Zalesov & Partners» Patent & Law Firm. The counterparty claimed that the patented group of inventions does not meet the requirements of industrial applicability and sufficiency of disclosure. The dispute in question is a part of a series of disputes between the factory and its former administration and beneficiaries. The opposed invention is featured by the percentage ratio of the initial components by weight. The Chamber for Patent Disputes investigated whether it is possible to consider valid that when describing the substance through the interval values of the initial components of the composition their sum in some cases (taking into account possible evaluation fluctuations) may deviate from 100%.

The cornerstone of the dispute was the amount of examples in the opposed patent. The Chamber stated the sufficiency of one example for recognizing that the inventions meet the requirement of sufficiency of disclosure. The amendments were brought into the claims of the patent related to the composition of the initial components, and the Chamber considered it possible to grant a patent with the amended claims, which is in line with the interests of the client. The decision of Rospatent regarding the mentioned action is to be made.

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