On December 10, 2020, the Russian IP Court ruled in favor of «DIAMED-Pharma» LLC, client of «A.Zalesov & Partners» Patent & Law Firm. Regarding SIP-79/2020 case, and invalidated the decision of Rospatent rendered on the results of considering the refusal in grant of a Russian patent on application № 2015148217. The Court obliged Rospatent to grant a patent with the originally filed claims.
In the statement filed with the Court, Dr. Aleksey Zalesov, advocate and patent attorney, sought to invalidate the decision of Rospatent in view of:
- significant breaches in the procedure of consideration of appeals by Rospatent (paragraphs no. 4.8, 4.9 and 5.1 of the Rules of Filing Invalidations and Appeals, and their Consideration By the Chamber for Patent Disputes), while considering the appeal of the applicant against the refusal to grant a patent;
- wrong interpretation by Rospatent of the rules of laws regarding patentability requirement «inventive step»;
- violation of the rules obligating the Chamber for Patent Disputes to consider an appeal from the very beginning, when the composition of the Board is amended.