Removal of Unlawful Obstacles to Activity of Metallurgical Company and Cancelation of Russian Patent No. 2637965

As a result of the patent research conducted by YUS, it was established that Russian Patent No. 2637965 for a petroleum coking additive did not comply with such a criterion of patentability as inventive step.

The specialists of YUS prepared and filed an opposition with Rospatent against the grant of the patent, however Rospatent dismissed the opposition and upheld the disputed patent.

Having disagreed with the decision of Rospatent, the specialists of YUS successfully appealed against the decision before the IP Court.

In its decision on Case SIP-803/2019 dated 15.03.2021, the IP Court agreed with the arguments of YUS and deemed the decision of Rospatent unlawful. The court decision was supported by the Presidium of the IP Court in the ruling on Case SIP-803/2019 dated 10.09.2021.

Thus, the specialists of YUS were able to prove in court that the disputed invention did not comply with the criterion of inventive step, and that the refusal of Rospatent to cancel the patent had been unlawful.