Section 72

Question 1

What are allowable grounds for revocation?

Answer 1

• Invention not patentable (s1)
• Patent not granted to the entitled person (s7)
  
  • can only be done by entitled person
  • can only be done 2yr from grant
    
    • unless at time of grant (or at time of transfer to him) knew he wasn’t entitled - then can be done any time.
• Insufficient description (s14)
• Added matter (s76)
• Scope of protection broadened after grant (s76)

Question 2

What is notably missing from the allowable grounds for revocation?

Answer 2

A lack of unity.

A lack of clarity.

Question 3

How do you have a patent revoked under S72 for entitlement dispute?

Answer 3

Must start with entitlement proceedings under S37 and obtain a decision from the Comptroller / court.

Once this decision has been issued in your favour, you can apply for revocation under S72.

If the revocation under S72 is granted, S37 kicks back in and allows a new application to be filed.