Revocation action
Patent
Have you received a warning letter or a threat of an infringement action from a patent proprietor? Are you confronted with a patent that hinders the development or marketing for a product? If so, you have a direct and personal interest in taking action against the patent, and you can therefore bring an action for the revocation of that patent.
We will assist you throughout the process before the Court (Tribunal de Grande Instance) of Paris in order to persuade the court that the patent causing the difficulty is invalid. The patent in question can be either a French patent granted by the French Institute of Industrial Property (INPI) or a European patent granted by the EPO which has effect in France.
As part of this revocation action, we will carry out the necessary checks in relation to the following points:
- patentability of the invention,
- sufficiently clear and complete disclosure of the invention,
- subject-matter of the patent and the scope of its protection,
- proprietor’s right to obtain the patent, where appropriate.
Trademark
A revocation action can be brought before the courts or before the trademark offices, depending on the territory.
The objective of such an action is to have the opposing trademark revoked on the grounds that it creates a likelihood of confusion with yours, it does not meet the substantive requirements for validity of a trademark, or it is not used.
Our firm will assist you in these proceedings, and assist lawyers where necessary.
Whether you are pursuing or defending:
- we verify the opposing party’s rights,
- we analyse the signs,
- we review the validity of the opposing party’s trademark.
in order to assess your chances of success.
After that, we monitor the proceedings, study Offices’ decisions and, where appropriate, advise on the opportunity of filing appeal proceedings.
