Article 65 UPCA - Who can start revocation action?

Article 65

Decision on the validity of a patent

1. The Court shall decide on the validity of a patent on the basis of an action for revocation or a counterclaim for revocation.

2. The Court may revoke a patent, either entirely or partly, only on the grounds referred to in Articles 138(1) and 139(2) of the EPC.


Note - can anyone start a revocation action?

In France, a person without any interest can not request revocation of a patent. In many EPC countries, the ground for revocation of Article 138(1)(e) EPC - that the proprietor is not entitled - can only be invoked by the person asserting to be entitled. These limits are based on national law. How will the UPCA deal with these? For non-opted out European patents, this would allow for different outcomes on the validity in single case.
For unitary patents, this would result in differences between unitary patents, not at the edges (as in the case of the unitary patent as an object of property), but at the core of patent law. Hence, an autonomous interpretation seems also possible: that Article 65 UPCA stipulates that Article 138(1) can be invoked by anyone without limitation.

Addendum 08.04.2023: Art. 47(6) provides that any natural or legal person, ..., who is concerned by a patent, may bring actions in accordance with the Rules of Procedure.