4.1 Reasons and Remedies for Revocation/Cancellation
Article XI.57 §1 of the CEL provides the following legal grounds upon which a court may revoke or cancel a granted patent:
- if the (subject matter of the) patent does not meet the essential criteria for patentability (ie, cumulatively requiring novelty, inventive step and capability of industrial application, as per Articles XI.3, XI.6, XI.7 and XI.8 of the CEL) or is not eligible for patent protection (eg, if the claimed invention can be considered contrary to public policy or morality, as set out in Articles XI.4 and XI.5 of the CEL);
- if the patent does not allow the underlying invention to be disclosed in a sufficiently clear and complete way for it to be properly applied by a person skilled in the art;
- if the subject matter of the patent is not covered by the content of the application as filed (or by the content of the original application as filed, in case of divisional patent application(s)); or
- if the patent-owner was not entitled to the patent (if the owner is not the inventor, or is not entitled to the invention through law or contract), as per Article XI.9 of the CEL.