EPC 2000

Central limitation and revocation procedure

The central limitation procedure is a new procedure provided by EPC 2000. Currently, if a patent proprietor wishes to limit the scope of the claims of a granted European patent, it is necessary to apply to each national patent office to request a post-grant amendment. The new central limitation procedure is a welcome procedure, since it will enable a patent proprietor to limit a patent through a single application to the European Patent Office. The patent may be limited or even revoked at the request of the patent proprietor. Some points to note concerning central limitation are the following:

  • the central limitation procedure will be only initiated on the request of the patent proprietor;
  • no other parties will be involved – the proceeding will be ex parte before an EPO examining division;
  • opposition proceedings take precedence over limitation proceedings;
  • the request for limitation is only examined for formalities to check whether what is requested is actually a limitation of the patent, whether the claims are still clear and concise, and to ensure no addition of subject-matter or extension of protection; patentability of the amended claims is not considered; and
  • there is no limit to the number of times limitation may be requested.

Last Updated :

Tuesday, January 22, 2008