447. Validity of patents generally.

6.     Validity

(1)     Validity and Invalidity

447.     Validity of patents generally.

A patent may be revoked on the application of any person, on the grounds listed in the Patents Act 19771. The statute refers to patents as 'valid' or 'invalid', assuming, without so stating, that an 'invalid' patent is one that may be so revoked and a 'valid' patent is one that may not2. The grounds of invalidity of a patent are that the invention is not new3, is obvious4, is incapable of industrial application5, is not