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An invalidation action was filed with the Board of Appeal of the National Center for Intellectual Property of the Republic of Belarus against the validity of the Eurasian patent No. 031260 on the territory of the Republic of Belarus, which protects a remedy for the treatment of arthrological diseases.

The lawsuit was motivated by the lack of novelty, inventive step and industrial applicability of the disputed patent, which is why the applicant claimed to recognize the patent as invalid in full.

According to the applicant, there was no data in the patent specification confirming the suitability of the remedy claimed in the patent for the treatment of arthrological diseases, there were no means and methods, the use of which allowed the invention to be carried out, and therefore it did not meet the «industrial applicability» patentability term.

The applicant also noted that two medicinal products with the same active substance were known from the prior art, one of which had an inherent viscosity value, as indicated in the claims of the disputed patent.

These arguments have already been considered by the Supreme Court of the Republic of Belarus and considered untenable. In the present case, the patent owner managed to prove again that the objects that have technical features identical to all the technical features of the invention under the disputed patent are not known in the prior art, as well as to confirm the industrial applicability of the invention.

The sources cited by the applicant in relation to «inventive step» patentability term also did not disclose the entire set of features of the invention under the disputed patent.

The Board of Appeal agreed with the position of the patent owner, refused to satisfy the claim received and upheld the contested patent.

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