7. What are the consequences of patent cancellation?
The annulment of a patent has an absolute effect as soon as the decision is final: the patent is assumed never to have existed. Invalidation is therefore retroactive, and entails the invalidation of contracts relating to the invalidated patent.
This retroactive destruction remains a legal fiction, however, and is therefore subject to certain adjustments.
7.1 Retroactive destruction
Once a patent has been declared null and void, whatever the cause, it is retroactively destroyed. As a result, the patent is deemed never to have existed, so that :
acts of exploitation carried out by third parties cannot be qualified as infringement;
legal acts performed...
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What are the consequences of patent cancellation?
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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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Office européen des brevets (OEB)
The European Patent Office is one of the organs of the European Patent Organization. It is responsible for granting European patents (EPC article 43).
A self-financed public institution under the supervision...
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