9. Mistakes to avoid

9.1 Don't think of patent nullity as a competitive tool

It would be a mistake to think that an action for annulment is a means of weakening a competitor's portfolio or "pressuring" him, without having to justify a direct and personal interest in taking action for annulment. An abusive action may give rise to an award of damages.

In addition, while a claim for invalidity is the classic response to an infringement action, conversely, a person who voluntarily acts to invalidate a patent exposes himself to counterclaims for infringement from the patentee.