4. Against whom to bring an action for invalidation of an impeding patent?
The natural defendant to the validity of a patent is the patentee himself, in his capacity as holder of the exclusive right being contested.
However, in the case of a request for cancellation as a defense to an infringement action, the adversary is not necessarily the patent owner: it may also be the exclusive licensee or the beneficiary of a compulsory license or ex officio license (see Infringement: taking action
In this case, it is always possible to file an action for annulment to avoid infringement, but the patent owner must...
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Against whom to bring an action for invalidation of an impeding patent?
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Bibliography
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Bibliography
F. Pollaud-Dulian, La propriété industrielle: Economica, coll. Corpus droit privé, 2011
P. Roubier, Le droit de la propriété industrielle , t. 2, Paris Sirey 1954
I. Romet, B. Vuillermoz, Novelty and inventive activity , Centre Paul Roubier, 22-1-2015
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