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Where do I sue for patent infringement, and what if the patent is attacked?
The forum rules in section 104 interact with revocation. Pick your position.
Plan your defence and consider a revocation counterclaim.
Urgent - a deadline or loss of rights may be close
- You can seek revocation by counterclaim in the suit (section 64(1)); the whole suit then goes to the High Court (section 104).
- Grounds include lack of novelty or inventive step, non-patentable subject matter, insufficient description, unclear or unsupported claims, false suggestion, failure to provide section 8 information, and filing abroad in breach of section 39 (section 64(1)).
- Collect dated evidence of your own earlier use and of publications before the priority date.
- Do not ignore the notice or summons; engage an advocate at once because court deadlines run from service.
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