Team of «A.Zalesov & Partners» Patent & Law Firm proved at the Chamber for Patent Disputes that the patent holder had introduced the grain dryers into civil circulation long before the priority date: a distributor of a British company had used the patent as an obstacle to Russian competitors entering the Russian market with their own solutions. The Panel of Chamber for Patent Disputes agreed with the arguments of «A.Zalesov & Partners» lawyers and found that the utility model did not meet the patentability requirement of novelty.
The patent holder challenged decision of Rospatent in the IP Court, claiming that Rospatent's conclusion that the disputed utility model did not meet the patentability requirement of novelty was inconsistent. According to the patent holder, the administrative body incorrectly distributed the burden of proof, citing the patent holder's failure to submit documents confirming any changes to the construction of the inspected grain dryer between its delivery to the buyer in 2014 and the video inspection of the grain dryer in January 2025. The patent holder also claimed that Rospatent went beyond the scope of the objection, as it «evaluated the dependent claims of the patent in its decision».
«A.Zalesov & Partners» team presented arguments and judicial practice in support of Rospatent's decision, which subsequently formed the basis for the decision rendered by the IP Court. The court upheld the administrative body's position and confirmed that Rospatent's analysis of the dependent features was valid, given the need to establish the possibility of adjusting the utility model claims to provide a lesser scope of legal protection.
The client's interests in the case were represented by Partner Maria Makhlina, Patent Attorney Ivan Istomin, and Senior Associate Julia Kolomytseva.