Can my patent be challenged?
Written by Jody Tsigarides on 17 January 2007« Return to Reading Room
Yes. Although your patent application will be assessed by skilled patent examiners to ensure that it complies with the relevant statutory provisions governing patents anyone can apply to the Court Patent County Court/High Court) or to the Patent Office to have your patent revoked. If successful your application will be removed in whole or in part. Similarly even before your patent is granted, written observations may be made once the application has been published.
It is important to note that registration of a patent does not mean that you are infringing another’s patent and therefore due diligence is essential. Existing rights will usually be identified in a patent search however caution should always be taken. In fact even if you are not considering securing a patent you should seek legal advice to ensure that you are not infringing another’s intellectual property.
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