Grounds and Effects of Patent Invalidation

Document Type : Research Paper

Authors

1 Assocaite Professor Department of Law, Tarbiat Modares University, Tehran, Iran

2 Ph.D Student in Private Law, Tarbiat Modares University, Tehran, Iran

Abstract

In different legal systems, there is an opportunity to oppose a granted patent. The notice of post grant opposition shall contain grounds on which the opposition is based. Grounds such as: Lack of patentability; insufficient disclosure; and extension of the scope of protection beyond what was contained in the application as originally filed. Also, in Iranian legal system Article 18 of "patents, industrial designs and trademarks Act" predicts possibility of patent invalidation and sets forth several categories of grounds on which a relevant person may oppose a granted Iranian patent. The result of such action may be revocation of a patent partially or totally.Patent invalidation may affect on third party's rights and obligations, persons such as parties of technology transfer contracts or infringers of intellectual property rights.

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