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