3. Who can't sue for patent nullity?
On the other hand, some people cannot sue for patent nullity, either because they do not have a direct and personal interest, or because the action is closed to them.
3.1 Several of the patentee's competitors
The French courts were able to rule that several of the patentee's competitors did not have a direct and personal interest in bringing an action to invalidate the patent in the main proceedings. Indeed, in order to bring an action in the main proceedings, a competitor must demonstrate the existence of a sufficient interest aimed at freeing up a forthcoming exploitation of the patented technique or a similar technique.
However, in the event of a main invalidity action brought by several competitors, the latter must demonstrate the...
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Who can't sue for patent nullity?
Against whom to bring an action for invalidation of an impeding patent?
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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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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