Can a patent be partially annulled? Can a patent application be declared invalid?
Bringing down an embarrassing patent
Practical sheet REF: FIC1619 V1
Can a patent be partially annulled? Can a patent application be declared invalid?
Bringing down an embarrassing patent

Author : Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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6. Can a patent be partially annulled? Can a patent application be declared invalid?

6.1 Material scope of cancellation

If the grounds for invalidity affect only part of the patent, the invalidity will be partial and may take the form of a limitation of the claims (article L. 613-25 of Code de la propriété intellectuelle ).

This may be the case, for example, when the subject matter of the claim extends beyond the content of the application: a partial cancellation via a limitation of the claim may enable the patent to be maintained, thereby re-establishing the real scope of its protection (

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