Patent Invalidity Actions.

As of November 5, 2020, a new Federal Law for the Protection of Industrial Property (IPPL) will supersede the current Industrial Property Law (IPL). However, both laws will still apply for invalidity actions, since the applicable law for these purposes will be the one upon which the patent was prosecuted and granted.

With that in mind, it will be necessary to consider both sets of invalidity actions when analysing the validity of a patent.

According to the current IP Law, patents are valid unless proven otherwise. The current IP Law establishes several grounds upon which a patent can be invalidated:

1. when it was granted in contravention of the provisions on requirements and conditions for the grant of patents or registrations of utility models and industrial designs;