Practical sheet | REF: FIC1637 V1

Counterfeiting: prepare your case and anticipate the risks

Author: Jérémy BENSOUSSAN

Publication date: July 10, 2017 | Lire en français

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9. Why limit your patent?

In order to prevent a conviction, a person accused of infringement can raise the nullity of the patent against which he is sued (see Bringing down an inconvenient patent [FIC 1619] ). In practice, this is almost always the case.

Faced with a prior claim that could potentially destroy the novelty or inventive step of a patent, the owner can at any time "limit the scope of the patent by amending one or more claims" (article L. 613-24 of Code...

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