The Paris Court of Appeal clarified the interest of a potential competitor to seek the revocation of a patent. It was particularly unclear whether any competitor, current or potential, could have a legitimate interest in the form of a “clear the path” approach. However, in this case the Court held that Omnipharm had no legitimate interest to seek revocation of Merial’s patents, as it had failed to prove that it would be able to develop and market a competing product.

A summary of this case will be posted on http://www.Kluweriplaw.com

 


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law
image_pdfimage_print