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[kayman]

I would like to know which European countries allow partial invalidation of patent? Since i have very low knowledge on this matter i hope somebody can help me out.. PLEAzzz...

[khazzah]

I would like to know which European countries allow partial invalidation of patent? .

What do you mean by "partial invalidation"? Invalidation of some, but not all, of the claims in a patent?

[kayman]

Yes, thats what i want mean. Just partially invalidate of the patent. I hope you can help me, thanks in advance!

[JimIvey]

I think that's how it always happens everywhere -- that claims are always considered individually for infringement and validity.  Only with inequitable conduct (cheating) is the patent as a whole rendered unenforceable (but not invalid) -- in the US, at least.

Regards.

[bartmans]

For the European Patent Office there is since recently (12 December 2007) a central procedure where you can request limitation of your granted patent.

In most individual European countries limitation might also be possible, but of course this will be more expensive, since you need to do that for every country where your patent is pending.

Since in the latter case, the procedure depends on the national laws of the respective countries, the possibility to achieve limitation and the procedure how to do that will vary from country to country.
For instance, up to recently it was possible to limit your patent by filing a request with the courts. Also in infringement and validity suits it was possible to file an amended set of claims, but in those cases, the court did look at the patent with different eyes. Nowadays, the Dutch courts will accept also limiting amendments in those kind of court cases.

Thus, the most optimal way to limit your (European) patent is to do that before the Europen Patent Office.

Regards.

[khazzah]

For the European Patent Office there is since recently (12 December 2007) a central procedure where you can request limitation of your granted patent.

By "your granted patent", do you mean this procedure is available only to the patentee?

And you're saying that this procedure can result in the patent coming out with narrower claims? Sounds like reexam before the USPTO.

[bartmans]

Karen,

that is correct, central limitation is only available after grant (otherwise you would still be in the prosecution phase, discussing with the examiner, and having the possibility to file amended claims whatsoever). Normally it will be the patentee that files a request for limitation, but if the patent has been transferred, the new owner may also do this (and he should show evidence of his ownership).

Limitation will always result in narrower claims. If not, you would violate Art. 123(3) EPC. However, it may be the case that claims are limited at one end, and stretched in another direction. There is not yet any case law on this kind of limitation proceedings.

Regards.