Limitation procedure and nullity action – How to link it with the opposition?
Obtaining a patent in France: the opposition procedure
Practical sheet REF: FIC1747 V1
Limitation procedure and nullity action – How to link it with the opposition?
Obtaining a patent in France: the opposition procedure

Author : Isabelle MAGNIN-FEYSOT

Publication date: August 10, 2021 | Lire en français

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10. Limitation procedure and nullity action – How to link it with the opposition?

The limitation procedure enables a patent owner to limit the scope of his own patent.

This administrative tool is generally used by the patent owner when he fears an action against him (preventive) or to avoid an action for patent nullity (defensive). The patentee can thus take the initiative, before or during an invalidity action, to limit his patent by amending the claims ( articles L. 613-24 du CPI and L. 613-25 du CPI ). This possibility thus makes it possible to limit the risks of patent invalidation.

We need to pay close attention to how these different tools fit together...

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