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The possibility existed that the two proceedings could reach different results.

Typically, the parallel proceedings did not reach different results for a variety of reasons.

Revocation has effect ex tunc and the patent is therefore deemed never to have been granted.

The matters which are specified as grounds for revocation in s.72(1) (a) to (e) are discussed more fully in (a) paragraphs 1.01 to 1.39, 2.01 to 2.56, 3.01 to 3.99 and 4.01 to 4.24, (b) paragraphs 7.06 to 7.11, (c) paragraphs 14.58-14.105, (d) paragraphs 76.01 to 76.23, and (e) paragraphs 76.24-76.27. [2003] RPC 3, the Court of Appeal stated that “Section 72 which contains the grounds of revocation has no equivalent to s.14(5).

Importantly, this does not provide the third party with any special status in the application, unlike opposition or invalidation proceedings where that person becomes a party to the action.

WIPO has instituted this provision because although the International examiner properly considers as wide a range of prior art as reasonably possible, it is recognized that it is impossible for any examiner to perform a perfect search.

The patent concerns a method for cleaning heaters through localised explosions generated through a balloon containing an explosive mixture.

54450/2012) in January 2015 held that an Italian part of a European patent was invalid for, inter alia, having a lack of essential features in the independent claims.

Patent invalidity based on lack of novelty, or anticipation, requires that the invention was known or used by others before it was invented by the patentee.Additionally, it is possible that someone working in the relevant area may recognize the importance of a particular document which might not be immediately obvious to an examiner, even though it might be a patent document or other document forming part of a normal search collection.Once an application enters national phase in Australia (or is directly filed in Australia) a person may notify the Australian Patent Office under Section 27 of the Australian Patents Act 1990 that an invention (the subject of a patent application) is not patentable because one or more criteria making it a patentable invention is not met. This section provides for the revocation of patents granted under the 1977 Act, including European patents (UK).Section 72(1) and (2) are so framed as to have, as nearly as practicable, the same effects as the corresponding provisions of the EPC and CPC.




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