Revocation of a Patent
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15 October 2009
It is possible to apply to have a patent revoked after its
The grounds on which a patent may be revoked are set out in
Section 72 of the Patents Act 1977 and the corresponding Article of the EPC.
These state that a patent may be revoked if;
i) the invention is not a patentable invention
ii) the patent was granted to a person who was not entitled to
iii) the specification of the patent does not disclose the
invention clearly enough and completely enough for it to be performed by a
person skilled in the art;
iv) the material in the patent extends beyond the material in
the application as filed.
It is set in law that any person can apply to have a patent
revoked regardless of whether or not they hold an interest in that patent being
The availability of patent revocation action means that it is
vital that before a patent application is filed it is important to have a
thorough search conducted and that the patent is drafted by professional.
Jody Tsigarides is a Solicitor who specialises in intellectual
property law and commercial law. firstname.lastname@example.org
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Lawdit Solicitors offer services and
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Article Published/Sorted/Amended on Scopulus 2009-10-16 19:59:59 in Legal Articles