French Intellectual Property Code
In forceThe owner of the patent may at any time either renounce the patent in its entirety or one or more claims, or limit the scope of the patent by amending one or more claims.
The request for renunciation or limitation shall be filed with the National Institute of Industrial Property under conditions laid down by regulation.
The Director of the National Institute of Industrial Property shall examine the compliance of the request with the regulatory provisions mentioned in the preceding paragraph.
However, a request for limitation of a patent submitted when an opposition has previously been filed shall be inadmissible for as long as the decision ruling on that opposition is subject to appeal, unless the limitation is required as a result of an application for invalidation of the patent submitted as a principal claim or as a counterclaim before a court.
>. Similarly, if limitation proceedings in respect of a patent are in progress on the date on which an opposition is filed against that patent, the National Institute of Industrial Property shall terminate the limitation proceedings, unless the limitation is required as a result of an application for invalidity of the patent filed as a principal claim or as a counterclaim before a court.
The effects of the waiver or limitation shall be retroactive to the filing date of the patent application.
The provisions of this Article shall apply to limitations made pursuant to Articles L. 613-25 and L. 614-12.
A decree in Council of State shall specify the conditions of application of this Article.
