Obtaining a patent means guaranteeing strong legal protection for an invention. But what happens if this protection is challenged? Who can challenge a patent, under what conditions, and before what bodies? Here's an accessible and educational overview of how to challenge a patent after it has been granted.<\/p>\n
A patent is an industrial property right that gives the holder a 20-year monopoly on the exploitation of an invention<\/strong>. The invention must be new, inventive and capable of industrial application.<\/p>\n In France, the INPI (Institut national de la propri\u00e9t\u00e9 industrielle) is responsible for granting national patents. For European patents, the European Patent Office (EPO) intervenes via a centralized procedure. Since 2023, there has also been a European patent with unitary effect, providing uniform protection in 17 countries of the European Union.<\/p>\n Yes, any granted patent can be challenged or declared invalid, under certain conditions, either before the EPO, a national court or the Unified Patent Jurisdiction (JUB).<\/p>\n Once a European patent has been granted, it can be contested by opposition before the EPO, within 9 months of publication. The purpose of opposition is to request total or partial revocation of the patent, particularly if the invention does not meet the patentability criteria.<\/p>\n This appeal is administrative and leads to an adversarial procedure. The opponent must put forward serious grounds<\/strong> (lack of novelty, lack of inventive step, insufficient description, etc.).<\/p>\n Please note: the EPO's decision does not have the force of res judicata before national courts or the JUB. A court may therefore assess the validity of the patent differently.<\/p>\n Outside this 9-month period, it is still possible to challenge a patent before the courts, invoking its invalidity. This action is frequently used as a defense in infringement proceedings<\/strong>.<\/p>\n For French and European patents designating France, the competent court is the Tribunal judiciaire de Paris, the only court empowered to rule on the validity of a patent in France.<\/p>\n Since June 2023, the JUB has been responsible for litigation concerning European patents with unitary effect and classical European patents, unless the latter have been the subject of an opt-out (voluntary exclusion from the JUB for a transitional period of 7 years).<\/p>\n It can hear nullity actions, declarations of non-infringement, or even infringement actions with a defense on the validity of the patent.<\/p>\n A patent may be declared invalid if it does not meet one of the fundamental conditions of patentability :<\/p>\n Certain objects are expressly excluded from patentability, such as :<\/p>\n Challenging a patent can be either offensive or defensive.<\/p>\n A company preparing to market an innovative product can, before being sued, ask a judge to declare that its actions are not infringing. This declaratory action is designed to provide legal certainty for a project without waiting for a writ of summons.<\/strong><\/p>\n In certain cases, the ownership or use of a patent can be analyzed from the point of view of competition law. This is particularly the case when :<\/p>\n In such cases, actions for abuse of a dominant position or anti-competitive practices may be brought.<\/p>\n The granting of a patent does not mean that its validity is eternally acquired. Any patent can be contested administratively (opposition), judicially (invalidity) or strategically (non-infringement action).<\/p>\n For patent owners, it is essential to ensure that their patents are well drafted and meet substantive criteria. For competitors and innovators, these remedies are regulatory tools, guaranteeing a balance between protection of innovation and free competition.<\/p>","protected":false},"excerpt":{"rendered":" Obtenir un brevet, c\u2019est garantir une protection juridique forte sur une invention. Mais que se passe-t-il si cette protection est contest\u00e9e ? Qui peut remettre en cause un brevet, dans quelles conditions, et devant quelles instances ? Voici un tour d\u2019horizon accessible et p\u00e9dagogique sur les voies de contestation d\u2019un brevet apr\u00e8s sa d\u00e9livrance. Comprendre […]<\/p>","protected":false},"author":3,"featured_media":10668,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-10629","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-brevets"],"acf":[],"yoast_head":"\nIs it possible to challenge a patent that has already been granted ?<\/h2>\n
Opposition before the EPO<\/h3>\n
Patent invalidity before a judge<\/h3>\n
In France: exclusive jurisdiction of the TJ of Paris<\/h4>\n
At European level: the Unified Patent Jurisdiction (UPLJ)<\/h4>\n
What are the grounds for challenging a patent ?<\/h2>\n
Classic grounds for invalidity<\/h3>\n
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Exclusions from patentability<\/h3>\n
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Why challenge a patent ?<\/h2>\n
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Are there any other ways of contesting ?<\/h2>\n
Declaration of non-infringement<\/h3>\n
Relationship with competition law<\/h3>\n
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A patent is never completely safe<\/h2>\n