Revocation action

A revocation action of an industrial property title is a legal procedure aimed at declaring the nullity or cancellation of a patent, a trademark, a design, or other industrial property title.

Industrial property titles are presumed to be valid when issued. This presumption of validity can, however, be called into question by legal action aimed at the total or partial cancellation of this title. The action en annulation (or action en nullité) may be brought as a principal claim, or as a counterclaim in ongoing legal proceedings. Actions in annulment are imprescriptible.

This procedure is generally initiated by a person or company who believes that the industrial property title in question is invalid, either because it does not meet the conditions required to obtain the title, or because the title holder does not meet the conditions of validity.

Depending on the nature of the industrial property title and the laws applicable in the country concerned, the action for cancellation can be brought before the competent courts. In some cases, it is possible to file an application for cancellation with the industrial property office that issued the title, but this depends on the rules in force in each country.

The revocation of an industrial property title can have far-reaching consequences for the holder of the title, particularly as regards the validity of his intellectual property, the licenses he has granted, the royalties he has received, or ongoing litigation. For this reason, invalidation proceedings are often complex, requiring careful analysis of the facts and legal arguments involved.