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PATENTUS cancelled the patent “The device and method of pouring and dispensing beverages”

Date: 03 May 2017

In the Chamber for Patent Disputes Alexey Mikhailov and Tatiana Sergunina successfully defended the interests of Kazan plant “Europlast” LLC – leading enterprise in Russia, specializing in food products’ packaging production. The lawyers managed to cancel the patent ¹ 2606868 “The device and method of pouring and dispensing beverages” of the Swedish company Petainer Lidchepping AB.

The objection against the grant of the patent of invention was motivated by the discrepancy of technical decisions in independent claims with the terms of patentability “inventive level” and “industrial applicability”. The lawyers succeeded in having the legal proceedings settled in the shortest possible time, without possible transfer for such cases. In 2008 the Swedish company Petainer Lidchepping AB filed an application ¹ 2008126244 for record of the invention “Plastic container” as of November 29, 2006. However, when the company received a refusal, it singled out two applications: one received a patent for utility model ¹ 125181, another – patent for invention ¹ 2606868.

On October 13, 2016 ArtPatent agency obtained the RUPTO's recognition of the legal protection of the patent for utility model ¹ 125181 completely invalid. On April 14, 2017 PATENTUS lawyers defended this decision in the Intellectual Property Court.

The decision to grant the patent ¹ 2606868 was taken contrary to the objection that there were no inventive level and novelty, which had been submitted to the RUPTO at the examination stage. Disagreeing with the decision, Alexey Mikhailov conducted an additional search in the client’s interests and filed an objection to the Chamber of Patent Disputes against the grant of the patent ¹ 260686. As a result, on May 13, 2017 the Board of the Chamber of Patent Disputes decided to cancel the patent for the invention “The device and method of pouring and dispensing beverages” completely.

In this way, PATENTUS canceled both patents of the Swedish company Petainer Lidchepping AB for an identical product. Kazan factory “Europlast” LLC will be able to continue its production without hindrance.

Alexey Mikhailov   Tatiana Sergunina



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