Decision on the validity of a patent
Agreement On A Unified Patent Court
Part 3 – Organisation and Procedural Provisions
Chapter 4 – Powers Of The Court
Article 65 – Decision on the validity of a patent
- The Court shall decide on the validity of a patent on the basis of an action for revocation or a counterclaim for revocation.
- The Court may revoke a patent, either entirely or partly, only on the grounds referred to in Articles 138(1) and 139(2) of the EPC.
- Without prejudice to Article 138(3) of the EPC, if the grounds for revocation affect the patent only in part, the patent shall be limited by a corresponding amendment of the claims and revoked in part.
- To the extent that a patent has been revoked it shall be deemed not to have had, from the outset, the effects specified in Articles 64 and 67 of the EPC.
- Where the Court, in a final decision, revokes a patent, either entirely or partly, it shall send a copy of the decision to the European Patent Office and, with respect to a European patent, to the national patent office of any Contracting Member State concerned.
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Rule 42 – Action to be directed against the patent proprietor