A European patent can be revoked if the patentee obtained it without being the rightful successor in title. Any party having an interest therein may invoke this ground of revocation.
The Appeal Court of Lyon has just canceled the French part of a European Patent on the grounds that the patent concerning an employee’s invention had been filed and obtained not by the corporate employer, but by its CEO.
The ground has been properly raised by a third party other than the rightful successor in title, in this case, other than the corporate.
It is therefore important at the time of filing a patent application, to carefully identify not only the inventors, but also the rightful successor(s) in title.
Appeal Court of Lyon, 1st civ. ch., Sec. A, December 2, 2010
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