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In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ''ex parte'',〔OJ 2007, Special edition 4/2007, page 116, item 1.〕 administrative〔EPO web site, (''CA/PL 29/99 dated 8.11.1999, Revision of the EPC: limitation procedure'' ), in ''Travaux préparatoires'' 1997-2000, Patent Law Committee documents, item I.4.〕 procedures allowing any European patent to be centrally〔EPO web site, ( ''CA/PL PV 13, Minutes of the 13th meeting of the Committee on Patent Law'' ) (Munich, 3 to 6 April 2000), item 137: "''As a central procedure, limitation () effective in all contracting states.''"〕 limited by an amendment of the claims or revoked, respectively.〔Article 105a-c EPC 2000〕 These two procedures were introduced in the recently revised text of the European Patent Convention (EPC), i.e. the so-called EPC 2000, which entered into force on 13 December 2007. The new Articles 105a, 105b and 105c EPC (of the EPC 2000) form the legal basis of the limitation and revocation procedures. These procedures are applicable since 13 December 2007 to all European patents, whether already granted or granted after that date.〔OJ 2007, Special edition 4/2007, page 118, item 14.〕 == Rationale == Until a decision of the Enlarged Board of Appeal of the EPO of 1994, namely G 9/93 (reverting earlier decision of the same instance of 1985, namely G 1/84), it was possible for the proprietor of a European patent to oppose its own patent with the aim of centrally limiting it. Decision G 9/93 however deprived patent proprietors of this opportunity.〔 CA/PL 29/99, item I.1.〕 This means that, after G 9/93, the only possibility for the proprietor of a European patent to voluntarily limit the scope conferred by its patent (e.g. for instance to strengthen the patent in view of some newly discovered prior art documents and/or in advance of envisaged litigation) was to request such limitation at the national level, i.e. before the national patent offices or competent courts of the Contracting States, if permitted.〔CA/PL 29/99, item II.7: "''Failing opposition proceedings before the EPO ..., patent proprietors have to rely on national limitation procedures or, where these do not exist, on partial surrender or non-enforcing agreements. Often the only remaining option is "self-limitation" in national revocation proceedings. This is not only administratively time-consuming and expensive, but also means that European patents granted in accordance with a unitary procedure can be valid in different versions in different contracting states, which makes their legal enforcement on the one hand and the monitoring of protective rights on the other considerably more difficult.''"〕 The EPC of 1973 made no provision for a limitation procedure,〔 and ''a fortiori'' no provision for centrally limiting a European patent before the EPO after the nine-month period for filing an opposition (nine months as from the date of grant of the European patent). The ''travaux préparatoires'' laid out the rationale for a limitation procedure: :"Limitation proceedings would enable patentees to narrow down the protection conferred by a patent post-grant by means of a simple, quick and inexpensive administrative procedure. For example, it may be necessary to limit a granted patent if, because of prior art which was not known during the examination proceedings or prior national rights not taken into account in these proceedings, the extent of the protection conferred is too great. Using the limitation procedure, patent proprietors may themselves reduce the extent of the protection claimed in a manner which is binding, and thus generally preclude disputes over the validity of a patent. Postgrant limitation is also in the public interest, because it limits the protection claimed by the patentee with effect for the general public. This creates legal certainty and facilitates access by competitors to the freely available prior art." 〔CA/PL 29/99, item II.5.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Limitation and revocation procedures before the European Patent Office」の詳細全文を読む スポンサード リンク
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