Part Four
Consequences of Patent Revocation
Article 95
The revocation of a patent shall nullify all legal consequences connected with the patent and other rights deriving from it.
Article 96
Unless determined otherwise by a decision of the Commercial Court, the revocation of a patent in whole or in part shall be effective as of the date on which the decision regarding the revocation becomes legally binding.
Article 97
- The licensee of a patent revoked on the grounds as referred to in Article 91 paragraph (1) item b shall continue to be entitled to implement his license until the expiry date stipulated in the licensing agreement
- The licensee as referred to in paragraph (1) shall no longer be required to continue to pay royalties which he would otherwise be required to pay to the patent holder whose patent was revoked, but to pay royalties for the remaining of his licensing period to the right patent holder
- Where the patent holder has received in advance a lump sum payment of royalties from the licensee, he shall be obligated to refund the amount of royalties proportionate to the remaining period of the utilization of the license to the legitimate patent holder.
Article 97
- A license of a patent declared to be revoked on the grounds as referred to in Article 91 paragraph (1) item b, but acquired in good faith before the filing of the lawsuit for revocation of the relevant patent, shall continue to be effective with respect to the other patent
- The license as referred to in paragraph (1) shall continue to be effective provided that the licensee shall thereafter continue to be obligated to pay royalties to the patent holder that was not revoked in the same amount as previously agreed with the patent holder that was revoked.
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