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If the EU patent is revoked in court in EU, the court in other country almost certainly will revoke the equivalent patent in their country because the precedent
by j16sdiz 2y ago
If the EU patent is revoked in court in EU, the court in other country almost certainly will revoke the equivalent patent in their country because the precedent.
- bawolff 2y agoWhich other country? Surely you dont mean for EU member states, since the patent would now be cancelled. For other countries, with different legal systems? The ruling wouldn't be binding as precedent of foreign courts doesn't bind and the law on what makes a valid patent is different. Maybe it looks kind of bad, but so does cancelling your patents right before they are ruled invalid.
- oezi 2y agoThere are still national patents possible even if you don't need them once you have a European one.
- kolinko 2y agoIANAL, but precedents are generally not binding in Europe (Poland at least) - they just serve as an argument. From that perspective it doesn’t matter much if it’s the same or a different country. (may be wrong here)