Legal Updates

In a purchase of assets of a company in liquidation one may also acquire right to dispute patents

October 22, 2017

A company filed an objection to a patent application filed by Teva, but entered into liquidation proceedings, within which all its assets and rights were purchased. Teva opposed the continuance of the objection proceedings contending that, unlike a right of claim, a right to object to a patent in not alienable.
The Deputy Patent Registrar accepted the motion of the purchaser and held that the liquidation Court is the one empowered to decide the scope of rights transferred to a purchaser and when it was proven that the transfer of the rights of the opposing company was duly made following to its entry into liquidation proceedings and these are the grounds for the motion for replacement of objecting party, one may change the identity of the objecting party.
For full disclosure, it should be noted that Afik & Co. assisted the office of Luthi & Co. in representing the purchaser.