3. What offensive measures do you have at your disposal to deal with a troublesome patent?
Here, we discuss measures to manage a troublesome patent by knocking it down, or at least limiting its scope.
The validity of a patent can be challenged in two ways:
through an opposition procedure before the office that granted the patent. If the office considers that the patent is invalid, it declares the patent revoked;
through a procedure known as cancellation before a court in the territory in which the patent has effect. If the court finds that the patent is invalid, it declares the patent cancelled.
3.1 Presumption of patent validity
Although patent offices examine applications before granting patents, this does not mean that all...
The Ultimate Scientific and Technical Reference
This article is included in
Management and innovation engineering
This offer includes:
Knowledge Base
Updated and enriched with articles validated by our scientific committees
Services
A set of exclusive tools to complement the resources
Practical Path
Operational and didactic, to guarantee the acquisition of transversal skills
Doc & Quiz
Interactive articles with quizzes, for constructive reading
What offensive measures do you have at your disposal to deal with a troublesome patent?
What negotiated measures are available to you to deal with a troublesome patent?
Bibliography
Also in our database
Bibliography
JurisClasseur Brevets, Fascicule 4495: Patent Cancellation, Emmanuel Py, LexisNexis 2021.
JurisClasseur Brevets, Fascicule 4620: Acte de Contrefaçon. – Élément légal, Christian Le Stanc, LexisNexis 2018.
JurisClasseur Brevets, Fascicule 4650: Actions complementary to infringement actions. – Provisional prohibition of infringement....
Regulations
Convention sur le brevet européen en ligne European Patent Convention: the latest continuously updated version of the European Patent Convention, which provides for an autonomous legal system for granting European patents through a single, harmonized procedure before the European Patent...
Websites
Wikipedia article on the patent troll concept
Article from the...
The Ultimate Scientific and Technical Reference
