An International Guide to
Patent Case Management for Judges

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12.4.3 Standing to bring invalidation proceedings

Since invalidation proceedings can be exercised by anyone with a legitimate interest in doing so, such proceedings are termed public by law,41 unless brought by a person not authorized to do so, in which case such standing is reserved for persons able to claim ownership.42

An action for invalidation may be brought during the entire validity period of a patent and during the five years after the expiry of the rights.43