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Chapter Summary

This chapter discusses about the procedural guarantee of judicial review of any decision to revoke or forfeit a patent. The plain wording has to be interpreted to determine the qualification of certain bodies as judicial organs and the extent to which judicial review must be provided. These requirements will then be applied to see whether the patenting system under the European patent convention complies with Article 32. In order to fulfil the criteria for judicial review a case must be brought before a court of law or a body following the formal legal procedure of a court. The body can be qualified as a court or equivalent entity if the judges are independent and appointed for a fixed term, written and reasoned decisions are issued.

Keywords: convention; forfeiture; judicial review; patent; revocation



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