SMITJ

These motives or strategies for the repeal of a patent, followed by the lawyers in the ordinary courts are listed below:
1) the invention in the patent is not new.
The invention is in the state of the art that each document. If the invention is not new in relation to the dissemination of knowledge or against the use, the patent for voiding.
2) Subject to the claims of the patent is not an invention.
The patent offices of various countries have laws on patents, the subject of patentable. An invention is not covered by the criteria of patentable invention can be declared invalid because the subject of the claims is not an invention according to the law on patents for this country.

3) in the field of patents was wrongly, by a person other than the beneficiary.
The candidate of the patent, the inventors have worked on the invention. The inadequacy of disclosure of the invention or the disclosure of information about a person as an inventor is wrongly can be considered the inventor of the patent basis ineffectiveness. The question is, May that the patent be revoked or cancelled in many countries, if the applicant or inventor is not the true and first inventor.
4) The lack of disclosure of the invention
He is the inventor of the obligation to disclose all information on the invention, including the best way to achieve the invention, the technical equipment of the famous inventor, and all can make the invention is not patentable, as a public use or published description of the invention Which are more than a year before the date of filing the patent application. All efforts to deliberate disclosure or an inadequate description of the information on the invention can be the basis repeal of the patent. Another reason for the ineffectiveness of the patent, false statements or representation of everything done, or a statement in connection with the granting of the patent.
5) Evidence
Beanspruchten invention is obvious to any person by the profession and no inventive step can be rebutted, on the basis of the evidence. If a person skilled in (the court) is the invention of so obvious and easily identifiable that on the date of priority of invention, the claims can be declared invalid, in the light of evidence.
6) The claims included in the patent is not fully justified by the description.
7) The fact that not disclose the affairs of the resolutions.
the first to deposit / First to invent
The laws on patents from United States follows the criteria for patentability, the first to invent, while others follow laws on patents, the first concept to deposit. For the United States, to the ineffectiveness of the patent may at first to invent that in cases where an inventor who first invented, the invention is the preference.
9) patent holder not exercised diligence in pursuing the process of patent application (patent grace period)
For the United States and Japan, a grace period from 6 to 12 months for the filing of patent application after publication of the idea or the patented device. If the inventor of the invention is published, an application has not yet effectively, which as a new, despite the publication on the condition that the declaration made during the period of grace after publication. The patent application after the expiry of the permit by the patent office may be one reason for the cancellation of the patent.