Can a patent be challenged?

Yes. Although a patent application will be assessed by skilled patent examiners to ensure that it complies with the relevant statutory provisions governing patents anyone can apply to the Court Patent County Court/High Court) or to the Patent Office to have your patent revoked.

If successful a application will be removed in whole or in part. Similarly even before a patent is granted, written observations may be made once the application has been published. Â

It is important to note that registration of a patent does not mean that you are infringing another’s patent and therefore due diligence is essential. Existing rights will usually be identified in a patent search however caution should always be taken. In fact even if you are not considering securing a patent you should seek legal advice to ensure that you are not infringing another’s intellectual property.

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