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.
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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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