Legal Consequences of Patent Invalidation Upon Corporation in the Jordanian Law

Abstract

This paper studies the legal consequences that stem from a dictum declaring a patent invalidation when such a patent constitutes a share or part of a corporation’s capital according to the provisions of the following national laws: Civil code, Corporations Law, and Patents Law. Based on the timing of invalidation, the study addresses its subject in two main axises: The first is dedicated to invalidation before registering the corporation to become legal person and the second addresses the consequences of invalidation after the company had been registered and acquired its capacity as a legal personality. Therefore, the study concludes that the outcome of patent invalidation upon a corporation varies from the mere replacement of the patent with the monetary value allocated to the patent in the corporation’s contract, or the removal of that partner and changing the company’s title – especially in partnerships – to termination and, thus, liquidation of the corporation.