e-Pharmatimes

Invalidating a patent is a complex process that involves considering various legal standards and criteria. When it comes to patent invalidations, there are certain standards that courts in Europe and the United States adhere to.  In Europe, the primary legal standard applied in patent invalidations is the "European Patent Convention" (EPC), which governs the grant and enforcement of patents. Under the EPC, a patent can be invalidated if it does not meet the criteria of novelty, inventive step, and industrial applicability. The courts in Europe assess the patent by examining prior art, determining whether the claimed invention is new, non-obvious, and capable of industrial application. Additionally, the European courts also consider validity requirements such as sufficiency of disclosure, clarity, and added matter. In the United States, patent invalidation proceedings are conducted by the US Patent and Trademark Office (USPTO) through the "inter partes review" (IPR)