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PATENTUS has nullified patent on plastic container

Date: 10 November 2016

Alexey Mikhailov has nullified patent 160261 on container for transportation and storage of liquids with hollow for handle at the Chamber for Patent Disputes. It will allow our client to produce a comparable product.

The Board of the Chamber on Patent Disputes stated that there was absence of novelty in the disputable patent in regards to earlier Russian patent and several American patents. The earlier Russian patent 59021 belonged to the same patentee, however it had expired and became public domain.

The nullified patent belonged to so-called evergreening patents. These patents are usually used in the pharmaceutical industry in order to prolong juridical protection of earlier known solution. Practically, evergreening patents could violate rights of other individuals preventing them from using public domain.

The disputable patent was held by manufacturing company. There were several claims against the patent. It indicates on a high level of competitive activity on the market of plastic storage tanks. Furthermore, patentee had succeeded in dealing with one claimant concerning the deduction for patent use.



Thank You!