Why examination by the court may be initiated?

Examination by the court provides a mechanism by virtue of which the validity of a patent may be challenged. The main issue relevant to the court examination is to determine whether the patent claimed in the patent application is novel or involves an inventive step. Again, whether the patent holder in entitled to the patent or breached a condition in the patent. On account of the court examination one or more of the claims in a patent may be amended as directed by the court. The court has the authority to revoke an issued patent either in whole or in part… Naturally an application for revocation of a patent is filed in a counter-claim to a claim of infringement, however, revocation of a patent may be prayed for by any person separately of infringement proceedings.

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