11. How and on what grounds can I challenge a patent?
Under section 91 of the Patents Ordinance, any person may apply to the court to revoke a patent for an invention. There are a number of grounds on which the application may be brought, including the following:
- that the invention was not patentable (i.e. that the invention was not new, did not involve an inventive step and was not susceptible of industrial application).
- that the specification of the patent does not disclose the invention in a manner sufficiently clear and complete for it to be performed by a person skilled in the art.
- that the matter disclosed in the specification of the patent extends beyond that disclosed in the application for the patent as filed.
Print
Email