Loss of patent

Apart from only having a limited duration of twenty (20) years, maintained through payment of annual fees, the holder may lose its patent if:patente nulidad invalidity

  • The invention is not patentable;
  • Fails to meet one or more of the conditions for patentability : novelty, inventive step and industrial applicability;
  • Lack of disclosure or explanation of the invention that does not allow being executed by a person skilled in the art;
  • Claim is ambiguous, vague and not fully supported by the description. (claims are technical definitions of the invention that delimit the extent of its protection);
  • Excessive disclosure in the granted patent compared to the submitted application;
  • Patent granted to a not entitled person
  • After two (2) years of compulsory license caused by lack of exploitation of the patent or anticompetitive practices and when the circumstances under which they were granted persist;
  • The need arises to protect public health, human, animal or plant life or the environment; or
  • The applicant has given false information to obtain the patent.

The invalidity may be for the entire patent or just some portion. Moreover, this process may be initiated as a defense against the infringement of the same patent.

Versión en español | Spanish version

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