Do you believe that someone is trying to force you to pay unjustified licensing fees? Is a valid patent preventing your business activities or development projects? You should clarify the technical issues and seek advice. Not all claims are justified and patents can be opposed.
Any valid patent can be opposed in court. In Switzerland the competent authority for this is the Federal Patent Court. An appeal must be justified. A patent (or parts of it) can be declared null and void by a court if:
- the invention was not new or innovative at the time of filing. If the plaintiff possesses documents that prove that the invention, which is the subject of the opposed patent, is obvious to someone skilled in the art, the case has a chance of success.
- the invention is not described in a sufficiently clear and precise manner for it to be carried out by a person skilled in the art. This is referred to as insufficient disclosure. The plaintiff can also argue that important elements or steps relating to the invention are not mentioned or obvious in the patent specification.
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