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Revocation of a Patent


Lawdit Solicitors - Expert Author

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15 October 2009

It is possible to apply to have a patent revoked after its registration.

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 that patent;

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 revoked.

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.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2009-10-16 19:59:59 in Legal Articles

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