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...
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Who can't sue for patent nullity?