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.
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 existence of preparatory acts or serious plans...
You do not have access to this resource.
Exclusive to subscribers. 97% yet to be discovered!
Already subscribed?
Log in!
Ongoing reading
Who can't sue for patent nullity?