The Supreme Court of the Republic of Belarus canceled the decision of the Intellectual Property Appeal Center and upheld the Eurasian patent No. 031260 «Agent for treating arthrological diseases». The dispute was about the compliance of the invention with the terms of patentability «novelty» and «inventive step». The stumbling block was the issue of the possibility of using a certain equation for calculating the intrinsic viscosity of a substance (one of the features of the claims). The patent owner considered the calculation proposed by the opponent to be incorrect, since it leads to a serious miscalculation. The opinions of the experts appointed by the Court to conduct a commission examination divided. The patent owner managed to convince the Court of the soundness of the conclusion of those experts who agreed with the position on the impossibility of using the calculation proposed by the opponents.
One more question raised during the proceedings related to whether one could talk about the well-known feature characterizing a narrow range of values as part of a wide range without disclosing the boundaries of a narrow one in it in the absence of a direct prohibitive norm.
The dispute was considered in several meetings, some of which lasted for two days in a row. As a result, the Court agreed with the soundness of the position of the patent owner and the validity of the patent on the territory of the Republic of Belarus was preserved.