Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
The grounds for filing an application for patent revocation are identical to the grounds for filing an opposition.
Partial revocation may occur following an application for partial revocation, or following a revocation application that was only partially accepted. The Registrar has the discretion to partially revoke the patent by narrowing or revoking part of the patent claims.
The patentee may apply for an amendment during revocation proceedings for the purpose of clarification, removing an error in the specification, or restricting the claims. The Registrar will permit the amendment if he or she is convinced that the amendment will not broaden the scope of the claims and will not add anything to the specification not already included from the start.
Infringement and validity (in an infringement litigation) arguments are heard before the same court. In terms of procedure, the issue of damages is bifurcated, where at the first stage the court addresses issues of validity and infringement, with the judgment at this stage addressing the grant of an injunction and usually an order for accounting. At the second stage – the bifurcated damages proceedings – the parties conduct a trial over accounting and calculation of damages. The parties usually settle the dispute during this proceeding and do not conduct it in its entirety.