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Patent Validity Challenges

On what grounds can a patent be invalidated?

The most common grounds are lack of novelty (the invention already existed), lack of inventive step (it was obvious to an expert), or insufficient disclosure (the description is too vague to be reproduced).

How can I defend against a patent troll?

Patent trolls often hold weak patents. The best defense strategy is often an aggressive counter-attack to invalidate their patent by finding prior art that proves their technology wasn't new when they filed.

What is the difference between opposition and invalidation?

Opposition is an administrative process at the patent office (Sakpatenti) triggered typically before or shortly after the grant. Invalidation is a court proceeding that can be initiated at any time during the patent's life.

Can I challenge a patent anonymously?

In some procedures like third-party observations during examination, anonymity is possible. However, filing a formal opposition or court lawsuit usually requires identifying the interested party.

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Patent validity challenges are a powerful legal mechanism allowing interested parties to revoke an already granted patent. Not all granted patents meet the strict requirements of the law; often, a patent is issued for an invention that is not new or lacks an inventive step. Such "weak" patents hinder competition and block new players from entering the market. Challenging patent validity is an effective way to remove a "patent monopoly" and free up operational space for business. This process is often used as a defense strategy during patent infringement disputes. In Georgia, a patent can be challenged both administratively (at Sakpatenti) and through the courts.

What Does Patent Validity Challenge Service Cover?

Specialists at Legal.ge offer full legal support during the patent revocation process:

  • Patent Audit and Prior Art Search: Deep research of existing technical literature and patents to determine if the invention existed before registration.
  • Preparation of Opposition: Submitting a substantiated claim to stop registration during the patent publication stage by Sakpatenti.
  • Invalidation Lawsuit: Filing a lawsuit in court demanding the revocation of the patent after it has entered into force.
  • Administrative Dispute at Sakpatenti: Representation in the Chamber of Appeals of Sakpatenti when appealing a decision to grant a patent.
  • Expertise Provision: Engaging industry experts to prove that the invention does not meet patentability criteria.
  • Strategic Consultation: Assessing risks and chances of success before initiating the dispute.

Real-World Scenarios Where You Need This Service

Challenging a patent is necessary in the following cases:

  • Market Entry Block: A competitor patented a technology that has long been known, thereby prohibiting you from producing a similar product.
  • Fighting Patent Trolls: A company holding patents of dubious quality threatens you with a lawsuit. The best defense is to revoke their patent.
  • Defense Against Lawsuit: You have been sued for patent infringement. In response, you request the invalidation of the plaintiff's patent.
  • Examination Error: You believe Sakpatenti made a mistake and granted a patent to an invention that is clearly not new.

Georgian Legal Framework and Regulations

Patent validity issues are regulated by the Patent Law of Georgia. According to the law, a patent can be revoked if: the invention does not meet patentability criteria (novelty, inventive step, industrial applicability); the description is not sufficiently clear; or the patent claims exceed the scope of the original application. Procedural aspects are regulated by the Statute of Sakpatenti and the Civil Procedure Code. Disputes are reviewed in the Chamber of Appeals (administratively) or in court.

Service Process Step-by-Step

Challenging a patent requires meticulous preparation:

  1. Preliminary Research: Identifying weak points in the target patent and finding evidence (articles, old patents).
  2. Drafting the Complaint/Lawsuit: Formulating legal and technical arguments.
  3. Submission: Filing the complaint with the appropriate body (Sakpatenti or court).
  4. Hearing: Oral hearings where parties present their arguments.
  5. Decision: Upholding the patent, partial revocation (limiting claims), or full revocation.

Why Choose Legal.ge?

Revoking a patent is an extremely complex process where success depends on details. Legal.ge connects you with experienced patent attorneys who know how to find a "crack" in a competitor's patent. With our help, you can remove barriers and clear the path for your business development.

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