Test the technical chronology
We established that drawings in the submitted documentation had been produced with software that did not exist on the documents’ stated date.
Case study · Russia · Patents
Restoring protection for an invalidated patent.
We overturned an invalidation based on unreliable competitor documents and restored patent protection for an anti-corrosion product used in the oil industry.
ClientAnti-corrosion products manufacturer (Russia)
MatterPatent invalidation appeal
JurisdictionRussia
Final resultPatent restored
The obstacle
The patent was invalidated on documents that did not withstand scrutiny.
A competitor challenged the client’s patent, alleging that an identical device had been openly used before the filing date. The objection relied on technical documents said to evidence earlier manufacture and supply.
Although the materials contained serious inconsistencies, the Chamber for Patent Disputes invalidated the patent and stated that verifying falsification was outside Rospatent’s competence.
The decisive task was to turn documentary anomalies into a coherent evidentiary challenge.
Our strategy
Test the documents. Rebuild the patent.
We tested the competitor’s documents technically, verified third-party markings and moved the authenticity issue into judicial review.
Check the external markings
The relevant standardisation and metrology centre confirmed that it had never applied the marks appearing on the competitor’s materials.
Put falsification before the IP Court
We challenged the invalidation before the Court for Intellectual Property Rights and directly relied on the unreliability of the underlying evidence.
Secure reconsideration and reinstatement
The court ordered Rospatent to reconsider the objection. On reconsideration, the patent was recognised as remaining in force.
Result
The invalidation fell. The patent remained in force.
The client retained its exclusive patent position and the commercial monopoly supporting a product in demand in the oil industry.
Court challenge succeededThe invalidation based on unreliable documents was overturned.
Rospatent reconsideredThe objection returned to the Chamber for Patent Disputes.
Protection restoredThe patent was ultimately recognised as remaining in force.
Key point
Document authenticity can decide a patent case.
What made the route work.
A prior-use allegation is only as strong as the evidence supporting it. Technical chronology and independent verification exposed the weakness in the competitor’s case.
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This case study describes a completed matter and is provided for general information. Results depend on the facts, evidence and procedural history of each case.