What offensive measures do you have at your disposal to deal with a troublesome patent?
Managing an embarrassing patent
Practical sheet REF: FIC1620 V1
What offensive measures do you have at your disposal to deal with a troublesome patent?
Managing an embarrassing patent

Author : Joaquim LI

Publication date: January 10, 2022 | Lire en français

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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...

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