Under the new procedure, can a European patent be limited or revoked for only one or some of the contracting states for which it was granted?
Under Article 105b(3) EPC 2000, the decision to limit or revoke the European patent takes effect on the date on which the mention of the decision is published, and applies retroactively to the patent, to the extent that it has been revoked or limited (Article 68 EPC 2000), in all the contracting states in respect of which it was granted. A request for limitation or revocation of a European patent for only some of the contracting states in which it has taken effect is therefore not admissible. In this connection, Rule 92(2)(b) EPC 2000 provides that the requester must furnish a list of the contracting states in which the European patent has taken effect. However, if prior rights are claimed for individual contracting states, limitation can be obtained for these states by a corresponding amendment of the patent claims pursuant to Rule 138 EPC 2000.
Related Questions
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