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Revocation of the Patent

Definition : Revocation of the Patent

A revocation of the patent may occur after the patent has been granted. In fact, said grant only carries a presumption of validity, which may be called into question following a revocation action before a competent court (e.g., Tribunal judiciaire de Paris or UPC).

It will be up to the competent court, in fine, to determine whether an invention actually satisfies the conditions for patentability (such as novelty and inventive step) and whether the title also complies with the formal requirements imposed (e.g., sufficiency of the description or extension of the subject matter beyond the application as filed).

Thus, even if the patent application and the invention which constitutes its subject matter have already been examined, in principle thoroughly, by the INPI or the EPO, it very often happens that a national judge cancels the patent granted.