Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[BrkRn]

Hello all,

I wonder if it is possible to invalidate and to revoke a patent based on non-unity argument for European patents.

What would be the possible decision of court if they decide the patent has non-unity issue?

[bartmans]

Grounds on which European patents can be revoked are exhaustively listed in Art. 138 EPC:
(1) Subject to Article 139, a European patent may be revoked with effect for a Contracting State only on the grounds that:
(a) the subject-matter of the European patent is not patentable under Articles 52 to 57;
(b) the European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;
(c)the subject-matter of the European patent extends beyond the content of the application as filed or, if the patent was granted on a divisional application or on a new application filed under Article 61, beyond the content of the earlier application as filed;
(d) the protection conferred by the European patent has been extended; or
(e) the proprietor of the European patent is not entitled under Article 60, paragraph 1.

Unity has not been mentioned and thus forms no ground on which a patent can be revoked.