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Patents and Designs Act 1907

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This is the original version (as it was originally enacted).

25Revocation of patent

(1)Revocation of a patent may be obtained on petition to the court.

(2)Every ground on which—

(a)a patent might, immediately before the first day of January, one thousand eight hundred and eighty-four, have been repealed by scire facias; or

(b)a patent may be revoked under this Act either by the comptroller or as an alternative to the grant of a compulsory licence ;

shall be available by way of defence to an action of infringement and shall also be a ground of revocation under this section.

(3)A petition for revocation of a patent may be presented—

(a)by the Attorney-General or any person authorised by him ; or

(b)by any person alleging—

(i)that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims ; or

(ii)that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee ; or

(iii)that he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within this realm, before the date of the patent, anything claimed by the patentee as his invention.

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