A Review of a Decade of Limitation and Revocation Procedures at the EPO

Abstract

The limitation and revocation procedures were introduced, by Article 105a-c EPC, at the European Patent Office (EPO) with the revision of the European Patent Convention (EPC), which entered into force on 13 December 2007. In the history of the European Patent Office, the limitation and revocation procedures are the only new procedures introduced since the founding. They offer an additional possibility to patent proprietors to centrally limit or revoke their patents, without having to enter the corresponding national procedures. After more than a decade from their entry into force, this article will address the main procedural aspects of both procedures, providing practitioners better chances of success. This article will also shed light on statistical data relating to both procedures. For more details, refer to the EPC and to the Guidelines for Examination in the European Patent Office, Part D-X.