Bringing down an embarrassing patent

The patent granted confers on its holder a monopoly of exploitation which third parties may have an interest in overturning; even when industrial property offices carry out a reinforced examination of the conditions of patentability, the title granted is never safe from invalidation by the judicial authority.

Invalidity actions can be brought either as a defense strategy in the context of an infringement action, or as a principal action outside the context of an infringement action, although this is less common in practice.

Patent cancellation has the particularity of having an "absolute" effect, which is why it is the preferred way to get rid of a troublesome patent.

As such, this sheet aims to :

• explain the conditions for opening and the specific features of the procedure for invalidating a French or European patent, making it possible to bring down a troublesome patent;

• present the different causes of invalidation of a French or European patent.