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Should I challenge a competitor patent?
Four routes, with different windows and different costs.
Revocation before a High Court, on a petition by a person interested.
The grounds in section 64 are wide: lack of novelty, obviousness, non-patentable subject matter, insufficiency, wrongful obtaining, failure to disclose foreign filing particulars and more.
- You generally have to elect between a revocation petition and a counterclaim - you cannot run both on the same patent.
- Build the case on documents, not on argument. The strongest revocations are prior art the examiner never saw.
- Consider the commercial alternative: a licence is sometimes cheaper than a win.
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This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.