Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy

By Philip W. Grubb | Go to book overview

10
INVALIDITY AND AMENDMENT OF
GRANTED PATENTS

It wasn't until my fifth patent case that I realized that when counsel
alleged fraud on the Patent Office, he didn't mean that the other fellow
was a scoundrel. In fact, among the patent bar, 'fraud on the Patent
Office' isn't even pejorative; it's more in the nature of a salutation.

Judge Lacey, Federal District Court for the District of New Jersey

Grounds of Invalidity in the United Kingdom176
Under the Patents Act 1977176
Under the Patents Act 1949177
Inutility177
Best Mode178
Ambiguity and Lack of Fair Basis178
New Grounds of Invalidity179
Revocation by the Patent Office179
Partial Validity180
Amendment of British Patents180
Invalidity and Amendment in the USA182
Re-examination182
Grounds of Invalidity183
Reissue184
Invalidity and Amendment in the European Patent Office185
Opposition185
Grounds of Opposition186
Insufficiency of Disclosure186
Insufficiency and Breadth of Claim187
Addition of New Matter188
Opposition Procedure188
Amendment during Opposition Proceedings190

The fact that a patent has been granted is no guarantee that the patent is valid, and the patent laws of many countries state this explicitly. The chance that a patent will be held to be valid if challenged, in other words the presumption of validity of the patent, is essentially a function of the strictness of examination of the patent in the patent office, the legal and technical competence of the patent examiner, the chance of opposition by third parties in the patent office proceedings, and the pro- or anti-patent attitude of the national

-175-

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