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08.01.2020

On December 20, 2019 the Chamber for Patent Disputes of Rospatent satisfied an invalidation action against Russian patent RU 2564104 owned by «Sanofi» related to a pharmaceutical composition of insulin glargin composition which includes 300 Unit/ml for treatment of diabetes type I and type II. The disputes on validity of this patent have a long story. One of them is being considered also by the IP Court, where patent attorneys of «A.Zalesov & Partners» Patent & Law Firm acting in the name of the Russian company «Geropharm» Ltd. brought an invalidation action against this very patent. The success of the invalidation action in the case above shows the growing critical attitude of Rospatent to the validity of so called «secondary» patents in the Pharma industry. In particular the compliance with inventive level patentability criterion of such pharmaceutical inventions (composition related to dosages, best regimes, etc.) is being considered now in view of triviality of the claimed technical result and the obviousness of its achievement to a specialist in the art.

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