patendiväärsust

Patendiväärsust refers to the concept of patent invalidity in Estonian patent law. A patent may be declared invalid if it does not meet the requirements for patentability as defined by law. These requirements typically include novelty, inventive step, and industrial applicability. For instance, if a patented invention was already publicly known before the patent application was filed, it would lack novelty and thus be considered invalid. Similarly, if the invention is obvious to a person skilled in the art, it lacks an inventive step.

The process of challenging a patent's validity usually involves an opposition proceeding or a court case. An interested party, such as a competitor, can file an opposition against a granted patent within a specific timeframe, or initiate legal action in court at any time. The burden of proof generally lies with the challenger to demonstrate that the patent does not meet the legal criteria. If the patent is found to be invalid, it is considered as though it had never been granted, and the patent holder loses their exclusive rights. This mechanism ensures that only genuinely inventive and novel inventions are granted patent protection, preventing the monopolization of existing knowledge or obvious developments.