Commentaries: Art. 140x

The paediatric certificate is null and void when:
1. it is issued in contravention of Article 140t or if it subsequently contravenes Article 140t ;
2. it is issued in contravention of Article 140u paragraph 2;
3. the patent lapses before the end of its maximum term (Art. 15);
4. the patent is found to be null and void;
5. the patent is limited to such an extent that its claims no longer cover the product for which the paediatric certificate was granted;
6. after the patent has lapsed, there are grounds which would have justified a declaration of nullity under letter d or a limitation under letter e.
Any person may bring an action for the paediatric certificate to be declared null and void before the authority competent to declare the patent null and void.

Art. 140x