Revocation of the Patent

– The Office shall revoke the patent, if it is ascertained subsequently:

  • a) that the invention did not meet the conditions of patentability;
  • b) that the invention is not disclosed in the patent so clearly and completely, to be carried out by a person skilled in the art;
  • c) that the subject-matter of the patent extends beyond the content of the invention application as filed or the subject-matter of the patents granted on the divisional application extend beyond the content of the invention application as filed, or the extent of the protection arising from the patent was extended;
  • d) revocation upon the request of the authorised person;

If the grounds for revocation concern only a part of the patent, the patent shall be revoked in part. The partial revocation of the patent shall be carried out by the amendment of claims, description or drawings. Revocation of a patent shall have retroactive effect to the date on which the patent became valid. The request for revocation of a patent may be filed even after lapse of the patent if the person filing the request can prove a legal interest.