The protection of consumers’ rights by challenging the validity of a patent

The article considers the contest of a patent validity as a way of protection of the rights of consumers. The attention is drawn to violate the interests of consumers consequences of patenting utility models devices in the absence of their examination on the merits. The possibility of protection of rights and legitimate interests of an uncertain circle of consumers in the courts by challenging the validity of a patent is analyzed. Some proposals to amend the legislation and to establish civil liability for improper patenting are given herein.