368. Validity of supplementary protection certificate.

The supplementary protection certificate1 is invalid if:


    (1)     it was granted contrary to the conditions for obtaining a certificate2;


    (2)     the basic patent3 has lapsed before its lawful term expires4;


    (3)     the basic patent is revoked or limited to the extent that the product5 for which the certificate was granted would no longer be protected by the claims of the basic patent or, after the basic patent has expired, grounds for revocation exist which would have justified such revocation or limitation6.

Any person may submit an application or bring an action for a declaration of invalidity of the certificate before