Cancellation Patent

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In patent practice, there are various cases when any person who has familiarized himself with the publicly available information about a patent, for whatever reason, does not agree with the opinion of the patent office. In such situations, a person can send a written objection to the grant of a patent, which will fully reflect the reasons for such disagreements, and provide arguments and arguments in defense of his position. 

There are also situations where an existing patent is an obstacle to commercial activity. In such situations, revocation of the obstructive patent can also be effective. 

As a result of consideration of objections, a decision is made to refuse to satisfy the objection or to cancel the patent in whole or in part. If the patent is canceled in full, then it ceases to be valid from the date of filing. And all the concluded license agreements remain in effect in terms of already fulfilled obligations. 

In the event of unlawful cancellation of a patent, the copyright holder can file a counterclaim to a higher authority, where an additional check of all the circumstances of cancellation will be carried out.

What if you can't use your patent without infringing on another?

If it is impossible to agree with the owner of the obstructing patent about the possibility of its use, it is worth taking a closer look at the legality of registering the obstructing patent and studying it in more detail. In most cases, patent attorneys find grounds that cast doubt on the legality of registering a prohibitive patent.

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