About the client
Our client's competitor received a patent for an invention that did not meet the conditions for patentability.
ZAO Vitalpharm produces a wide range of medical products: first aid kits for the care and provision of first aid to a baby, developed taking into account the recommendations and wishes of pediatricians in St. Petersburg; universal first aid kits designed to provide first aid in offices, factories, at home, outdoors and in various situations; special industry first aid kits for various types of activities.
Today, Vitalpharm CJSC is actively working in the automotive pharmaceutical markets, in the industrial medicine market, and sells its products in the largest children's stores.
The essence of the problem
ZAO Vitalpharm contacted us with a request to revoke patent for invention No. 2794824 for a method of applying a hemostatic device.
Uniqueness and complexity of the case
Initially, the panel of the Chamber of Patent Disputes rejected our objection. However, this decision of the panel of the Chamber for Patent Disputes was not supported by the Head of Rospatent, who sent the case for a new consideration by a new panel. When reconsidering the objection, we summarized our arguments and they convinced the panel. The decision was made in favor of our client.
Our solution
We have reviewed the records of the application for the issue of the disputed patent. We drew up a convincing objection to the issuance of a patent and supported it with the opinion of a medical specialist, who was represented by Sergei Fedorovich Bagnenko (academician of the Russian Academy of Sciences, Doctor of Medical Sciences, professor, rector of St. Petersburg State Medical University named after academician I. P. Pavlov).
Result
The patent was completely revoked.
