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Patents Act 2004

Schedule 2paragraph 18

104.This paragraph clarifies the position in relation to revocation of a patent by the patent proprietor. It makes explicit that the reference to “any person” applying for revocation in section 72(1) does include the proprietor of the patent in question. The proprietor would have to show that the patent should be revoked on one or more of the grounds set out in section 72(1). The amended provision operates in conjunction with the amendment to section 36(3) made by section 9, which makes clear that, unless co-owners agree that it should be possible, one co-owner may not seek revocation of the patent against the wishes of the others.

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