Edible Technical Device: Register And Eat

Russian examiners did not favour confectionery. This does not mean that they are diabetics; they simply felt uneasy when an application came seeking protection for a confectionery patent for a utility model. That was application number 2014136036/13. By that time the law had been changed so that the application had to be examined in its substance not only for formal requirements. It was examined and rejected soon after. The applicant appealed against the decision of the examiner. The Board of Appeal of the Patent Office tested (tasted) it for patentability and came to a different conclusion. Why?

The original claims of the utility model were worded in the following way:

• Confectionery article made of chocolate containing a base 3D figurative shape with protrusions and edible colour coating, the colour of the coating being different from the colour of the base characterised in that the edible coating is located on the protrusions, the portions outside the