Practice Areas | Legal Enforcement | Q & A
G. Remedies available from the court 5. Is revocation of a patent stayed pending appeal?
No. Patent invalidation proceeding is an administrative proceeding reviewed by TIPO, while the validity issue raised during a patent infringement litigation is adjudicated by the Court. The two proceedings are governed by separate authorities; either authority has no obligation to stay its proceeding awaiting the outcome of the other authority.
G. Remedies available from the court 6. Is it necessary to get the court’s permission to appeal?
No.
H. Appeal 1. How much time does an appellant have to file an appeal after trial judgment?
An appeal from a judgment entered in the first instance must be filed within the peremptory period of 20 days following the service of such judgment.
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