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Revocation of a Patent

Written by Jody Tsigarides on 15 October 2009

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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.

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