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